HomeMy WebLinkAboutItem 2 - 66 W Duarte RoadDATE: February 10, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: RESOLUTION NO. 1930 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-15 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO EXPAND A
PRESCHOOL BY CONVERTING A CHURCH OFFICE BUILDING INTO A
CLASSROOM BUILDING AT 66 W. Duarte Road
Recommendation: Adopt Resolution No. 1930
SUMMARY
The applicants, Mr. Derek Chen and Ms. Annie Chen of Starkids Preschool, are
requesting approval of a Conditional Use Permit to expand an existing 1,535 square-
foot preschool with 42 students to a 62-student, 2,576 square-foot preschool. The
expansion is to be achieved by converting an existing church office building of 1,041
square feet into three classrooms. The expansion will use an existing facility, and
thereby qualifies as a Categorical Exemption under the California Environmental Quality
Act (CEQA). It is recommended that the Planning Commission approve CUP 14-15,
with an Exemption, subject to the conditions listed in this staff report, and adopt the
attached Resolution No. 1930 (Attachment No. 1).
BACKGROUND
The subject property is developed as the Lutheran Church of the Cross that was
originally approved in 1963 under City Council Resolution No. 3609 (Attachment No. 2)
for a zone variance. The buildings are located toward the center of the site, and a
parking lot with 67 spaces is at the rear, which is accessed by a 30-foot wide driveway
along the easterly property line – refer to Attachment No. 5 for the Site Plan, and
Attachment No. 6 for an aerial view and photos of the subject property.
Starkids preschool has been in operation at the subject location since 2009. They took
over the preschool portion of the classroom building, in which a preschool was
approved in 1974 under Planning Commission Resolutions No. 875 and No. 1337
(Attachment Nos. 3 & 4). The Resolutions do not specify a maximum number of children
allowed at the preschool. However, the California State Department of Social Services,
and City Codes limit the preschool to a maximum attendance of 42 children. The current
hours of the preschool are 7:30 a.m. to 6:30 p.m., Monday through Friday.
Resolution No. 1930 – CUP 14-15
66 W. Duarte Road
February 10, 2015 – Page 2 of 6
There is also a tutoring center operating on the second floor of the existing classroom
building, above the existing preschool. The tutoring center replaced a Montessori
School that was utilizing the second floor of the classroom building that was approved
by Resolution No. 875. The class hours of the tutoring center are Monday to Friday,
from 3:30 p.m. to 6:30 p.m., and the maximum attendance is 30 students of high school
ages. A Conditional Use Permit (CUP) is required for preschools and schools in the R-1
zone per Arcadia Municipal Code (AMC) Section 9275.1.35.
PROPOSAL
The applicant is requesting a Conditional Use Permit to expand an existing 1,535
square-foot preschool with 42 students, five (5) employees, and three (3) classrooms, to
a 2,576 square-foot preschool with 62 students, seven (7) employees, and six (6)
classrooms. The expansion involves the conversion of an existing 1,041 square-foot
church office building into three classrooms. The office building is situated to the north
of the two-story classroom building – refer to Attachment No. 5 for the Site Plan and
Floor Plan. Except for signage, no external changes to the building are anticipated. The
outdoor play area of the preschool will also be expanded to a total of 5,520 square feet
by utilizing the enclosed play area between the office building and the existing
classroom building, and a fenced lawn area to the west of the classroom building. The
preschool hours will remain from 7:30 a.m. to 6:30 p.m., Monday through Friday. The
preschool is closed on weekends and holidays.
ANALYSIS
The preschool expansion will occupy a 1,041 square-foot building that is currently used
as church offices. The expanded preschool will occupy a total area of 2,576 square feet,
and accommodate 62 children, with seven (7) employees. The proposed class hours
occur on the weekdays, when the church has no other activities on site. The only other
use on the site is the tutoring center, which holds classes, Monday through Friday, from
3:30 p.m. to 6:30 p.m. The preschool and tutoring center do not conflict with the other
uses along West Duarte Road. The adjacent properties to the east and west are
developed with institutional uses, the properties to the rear are single-family residences,
and the Arcadia High School sports field is across the street – refer to Attachment No. 6
for an aerial view with zoning information and photos of the subject property.
The Code requires one (1) parking space for each employee for a preschool.
Therefore, the subject preschool is required to have seven (7) parking spaces. The
tutoring center is required to have 16 parking spaces, based on 30 students of driving
age and six (6) employees. Therefore, a total of 23 parking spaces are required for the
educational uses. There are 67 on-site parking spaces on the subject property, and
because the hours of the preschool and the tutoring center do not overlap with any
church activities, the entire 67-space parking lot is available. This satisfies the parking
requirements for the two educational uses.
The parking lot for the subject property is accessed by a 30-foot wide driveway from
Duarte Road that is along the east side of the property. This provides adequate
vehicular ingress and egress, and there is proper on-site circulation that facilitates
convenient drop-off and pick-up activities for the preschool and tutoring center. The
Resolution No. 1930 – CUP 14-15
66 W. Duarte Road
February 10, 2015 – Page 3 of 6
subject plans were reviewed by Engineering Services and it was determined that there
would not be any traffic issues as a result of this proposal. The proposed preschool
expansion is compatible with the other uses on the site, the surrounding uses, and
complies with the City’s General Plan and Zoning Code.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such
zone or vicinity.
The proposal is to expand an existing preschool to 2,576 square feet, and increase
the number of children from 42 to 62. The age of the children are to be from two (2)
years of age to first grade ages. This use will not be detrimental to the public health
or welfare, or the surrounding properties. A preschool is consistent with the R-1
Zoning and the Low Density Residential General Plan Land Use Designation of the
site, and will not conflict with the other uses on site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
The zoning of the site is R-1, and Arcadia Municipal Code Section 9275.1.35 allows
preschools in the R-1 zone with an approved Conditional Use Permit.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and
uses in the neighborhood.
The primary use of the project site is as a church. The subject preschool, with the
proposed expansion, will occupy 2,576 square feet of existing accessory buildings.
No exterior changes are proposed for the use. The hours of the preschool do not
conflict with church activities, and the existing 67 parking spaces will be adequate
to accommodate all uses on the site. The property features, lighting, landscaping,
and other improvements that are adequate for the uses. The proposed preschool
expansion will not require any adjustments to the site.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
The site is located along West Duarte Road. This street is adequate in width and
pavement type to carry the traffic that will be generated by the proposed preschool
expansion.
Resolution No. 1930 – CUP 14-15
66 W. Duarte Road
February 10, 2015 – Page 4 of 6
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of an expansion of the existing preschool is consistent with the Residential
Land Use Designation of the site. The proposal will not adversely affect the
comprehensive General Plan.
The proposed project satisfies each prerequisite condition, and all City requirements
regarding disabled access and facilities, occupancy limits, building safety, health code
compliance, emergency equipment, environmental regulation compliance, and parking
and site design shall be complied with by the property owner/applicant to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director, or their respective
designees. The changes to the existing facility are subject to building permits after
having fully detailed plans submitted for plan check review and approval by the
aforementioned City officials.
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption
under the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 7 for the
Preliminary Exemption Assessment.
PUBLIC NOTICE/COMMENTS
Public hearing notices for this item were mailed to the property owners and tenants of
those properties that are located within 300 feet of the subject property on Friday,
January 30, 2015 – refer to Attachment No. 8 for the radius map. As of February 4,
2015, no comments have been received in response to the notices.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15301(a), by adopting the attached Resolution No. 1930,
which includes the following conditions of approval:
1. The subject preschool shall comply with all requirements as set forth by the
California State Department of Social Services. Proof of a State license is required
for the issuance and renewals of City licenses.
2. The use approved by CUP 14-15 is limited to a preschool, which shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-15, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
adjusted after due notice to address any adverse impacts to the adjacent streets,
rights-of-way, and/or the neighboring businesses and properties.
Resolution No. 1930 – CUP 14-15
66 W. Duarte Road
February 10, 2015 – Page 5 of 6
3. A maximum of seven (7) teachers and 62 children shall be permitted, with classes
limited to Monday through Friday from 7:30 a.m. to 6:30 p.m. No preschool classes
shall occur on weekends or holidays.
4. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Community Development Administrator, Fire Marshal, and Public Works Services
Director, or their respective designees. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-15
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the preschool.
6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission, or
City Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officials, officers,
employees, and agents in the defense of the matter.
7. Approval of CUP 14-15 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have executed and filed with the Community Development Administrator
or designee an Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit No. CUP 14-15, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1930
that incorporates the requisite environmental and Conditional Use Permit findings and
the conditions of approval as presented in this staff report, or as modified by the
Commission.
Resolution No. 1930 – CUP 14-15
66 W. Duarte Road
February 10, 2015 – Page 6 of 6
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 14-15, state the
finding(s) that the proposal does not satisfy with reasons based on the record, and
direct staff to prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the February 10, 2015 hearing, please contact Associate
Planner, Thomas Li at (626) 574-5447, or tli@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1930
Attachment No. 2: City Council Resolution No. 3609
Attachment No. 3: Planning Commission Resolution No. 875
Attachment No. 4: Planning Commission Resolution No. 1337
Attachment No. 5: Site Plan and Floor Plan
Attachment No. 6: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 7: Preliminary Exemption Assessment
Attachment No. 8: 300-foot Radius Map
Attachment No. 1
Attachment No. 1
Resolution No. 1930
Attachment No. 2
Attachment No. 2
City Council Resolution No. 3609
RESOLUTIONNO.
3609
ARESOLUTIONOFTHECITYCOUNCILOF
TIiECITYOF
ARCADIA, CALIFORNIA,
GHANTINGA
ZONEVARIANCEFORTHE
ERECTION OF A
CHURCHANDRELATED
FnCILITIES ONLOTS ,11AND12AND
PORTIONS OFLOTS10 AND
13 OFTRACT
NO.
6074 ON THESOUTHSIDE OFDUARTE
ROAD \'lESTOFSANTAANITA AVENUEINSAID
CITY.
THECITYCOUNCILOFTHECITYOFARCADIA, CRLIFORNIA, DOES
HEREBY
DETERMINE ANDRESOLVE AS FOLLOW::>:
SECTION1. Thatpursuant toSection9291.1 of theArcadia
Municipal Code theCity Planning Commission onits ownmotioninitiated
proceedings for the purpose of considering and making recommendations
concerning thegranting of avarianceforchurch purposesupon the
following describedproperty in the City ofarcadia, towit:
Lots11andIe, thewest 10feetof Lot 10, and
theeast9 feet
of Lot13, ofTract No.
6074, as
shown on map recorded inBook
67, page83, of Maps
in the
office oftheRecorderof LosnngelesCounty;
Except the northerly 12 feetthereof measured at
rightangles tothe northerly lotlines.
Thatafter due notice as
requiredby the ~oning Ordinance of said
City, a
publichearing was
duly held onthematterby andbeforesaid
CityPlanning Commi,ssion on
July23, 1963, atwhich
timeallinterested
persons were
given afullopportunity tobeheardandto present evi-
dence. Thatsaid CityPlanning Commission
thereafter on
July23,
1963,
adopted itscertainResolutionNo.
490 whereinand whereby it recom-
mendedthe granting ofthe requested variance.
SECTION 2. ThattheAmericanLutheranChurchhasheretofore
obtained avariancefor church purposes on
property owned by it onthe
south sideof DuarteRoadwesterly of City-owned property in saidloca-
tion. Thatthe City isdesirousof acquiring saidchurch property in
1-
3609
r .'
exchange for City-ownedproperty hereinbeforedescribedand the Ameri-
can
LutheranChurch ofArcadia is willing tomakesuchexchange of
properties.
SECTION3. Thattheabove-describedproperty isproposed to
bedeveloped in a manneridenticaltotheplan and elevationhereto-
foreapproved withrespect tothe
Church's
present sitewithtwo excep-
tions:
a. Theparking hasbeenrearranged tofacilitate thecontinua-
tion of a
thirty (30) footwidealley; suchalley toconsist of a six
6) foot high walland afive (5) footwideplantingstrip onthesouth
property linetoprovide a
protective bufferandbarrierforthe single
family residential usessouthandtwenty-five (25) feetof paving to
facilitate a
secondarysupplemental meansoftrafficcirculationfor
thisand othersimilar developments that are
likely tomaterializein
thefuture. The new
parkingarrangement, although not taking full
advantage oftheavailable space for parking interms of thepotential
numberofparking :3ta11s, nevertheless prOVidessixty-three (
63) spaces
andexceedsthe prl~
viously approvedplan whichproposedfifty-seven
57) spaces;
b. Theeducationalbuilding isproposed tobetwo (2) stories
inheight whereas 11one (
1) story educational building was
originally
proposed and approved. Thatthe plan andelevationproposed forsub-
jectproperty areinthe opinion ofthe PlanningDepartment and the
Planning COmmission an
improvement overthe originalplotplan and
elevation andwill provide forbetter integration ofthefacilities in
theneighborhood &ld provide better useof subjectproperty.
SECTION 1.. That fortheforegoing reasons, a zone
variance
is herebygranted 1;0
permit theerectionof achurchandrelatedfacili-
ties upon theabove-described property upon the following conditions:
2-
3609
a. Thatthe varianceshallnotbe operative until complete
workingdrawingsincluding landscapeplantingplans andirrigationplans
prepared by a
qualified landscape architect are
submittedtoand approved
by thePlanning C~nmission, whichshallbewithin oneyear fromthedate
of City Council approval ofthisvariance.
b. That no
buildingpermit shallbe issueduntil such
time
asthe plans havebeenapprovedby thePlanning COmmission.
c.
Thatthe workingdrawings shallindicateconstructionof
asix (6) foot high wall onthewest property line running fromthenorth
setbacklineto a
pointforty (40) feetnorthofthesouth property
line, atwhichpoint thewallheight shall bereducedto a
height of
three (3) feetandshall runtothenorthboundary ofthe alley; and
thatconstructionofnotlessthansix (6) treecut-out areasinthe
parking areainlocations be completed and planted with tree types which
screen thetwo (2) story educational building from theresidential prop-
erties southof subjectproperty.
d. Thatthe waterservicesshall meet withthestandardsset
forthintheUniform Plumbing Code.
e.
That grading anddrainageplans shall be-
submitted toand
approvedby the Department ofPublicWorks.
f. That no
parking lotilluminationshallexceedsix (6)
feetmaximumheight, andall building andparking illumination bede-
signed tobeandshallbe
directed away fromthe adjoining properties.
g. Thatthesouth thirty (30) feetof theabove-described
property shallbe
offered totheCity for alley purposes, accompanied
by tenderofdeedfor such purpose.
h. Thatallwindows onthesouthsideofthesecondstory
buildings shall have aminimumsillheight ofsix (6) feet, and nobal-
conies orexteriorexit ways from thesecondstory onthesouthside:.':Of
suchbuildings shallbe permitted.
i. Thatthe CityPlanning Commissionshall reservetheright,
without necessity offurthernotice or
hearing, to makeminor moqif*ca-
tionsof any of theforegoing conditions, ifsuchmodificationwill
3-
3609
achievesubstantially the sameresults andwill be
no moredetrimental
toadjacentproperties or
improvements thanwillthestrict compliance
withsaidconditions.
j. Thatconstructionplans shall besubmittedtoand approved
by the Planning Commission prior totheissuanceof a
buildingpermit
therefor, which plans shallbe substantially in compliance withthe plot
plan and elevation submitted by applicant inJUly of
1963 andapproved
by said CityPlanning Commission.
SECTION
5. TheCity Clerk shall certify to theadoption of
thisresolution.
I HEREBYCERTIFY thattheforegoing resolution was
adopted
at a
regular
meeting ofthe City Councilofthe City ofArcadiaheld
onthe6thday of Augus t
1963, by the
affirmative voteof
atleastthree
Councilmen, to wit:
AYES:CouncilmenBalser, Butterworth, ReiboldandPhillips
NOES:None
ABSENT: Turner
gf:~lMeOf?;:~~~
SIGNEDANDAPPROVEDthis
6th day of August 1963.
ATTEST:
rdUo11;~{:RJ 'V4?v ~
City Clerk
SEAL)
4-
3609
Attachment No. 3
Attachment No. 3
Planning Commission Resolution No. 875
RESOLUTIONNO. 875
ARESOLUTIONOFTHEPLANNINGCOMMISSIONOF
THECITYOFARCADIAGRANTINGACONDITIONAL
USEPERMITFORACLASSROOMANDDAYCARE
CENTERADDITIONAT66WEST DUARTE ROAD.
WHEREAS, onNovember12, 1974, theAmerican Lutheran
Churchof
Arcadiafiled ana~
plication toconstruct atwo-story
classroomand day carecenteraddition, Planning Department
Case No. C.U.P.
74-23, onthe property located at66 WestDuarte
Road, Arcadia, and
with a
legaldescription asfollows:
Lots11and 12, theWest10feetofLot10,
andthe East9 ,feet
of Lot13, ofTract
No. 6074 permap recordedinBook67, page 83,
intheofficeoftheRecordsof LosAngeles
County; and
WHEREAS, a
publichearing w~sheld onsaidmatter on
November26, 1974, atwhichtimeallinterested persons were
given
full opportunity tobeheardandto present evidence;
NOW, THEREFORE, THEPLANNING COMMISSIONOFTHECITY OF
ARCADIAHEREBYRESOLVESAS FOLLOWS:
SECTION1. Thatthe factualdatasubmitted by the
PlanningDepartment intheattached staff report is trueandcorrect.
SECTION2. ThisCommis,sionfinds that:
1. The granting of aconditional use
permit asherein-
after provided will notbedetrimental tothepublic health or
welfare or
injurious tothe property or
improvements in' such zone
or
vicinity.
2. The use
applied foratthelocationindicatedis
properly oneforwhich a
conditional use
permit is authorized.
1-875
3, Thesite forthe proposed useis adequate insize
andshape toaccommodatesaid use" andallyards, parking,
loading,
landscaping andotherfeatures
required to
adjust said usewiththe
land and usesinthe neighborhood.
4, Thesiteabuts streetsand highwaysadequate inwidth
and pavement type to carry thekindoftraffic generatedby the
proposed use.
5. Thegranting ofsuch conditional use
permit will not
adversely affectthe GeneralPlan.
6, The use
applied forwillnothave a
substantial
adverseimpact ,ontheenvironment.
SECTION3. Thatfo~ the foregoing reasons,
subject to
4It approval of theCity Council, thisCommission grants aconditional
use
permit for the useofsaid property for a two-story classroom
and day care
centeradditionprovided thatthe propertY,shallbe
improved andmaintainedinaccordancewiththe plans which areon
filein thesubject CaseNo. C.U.P. 74-23.
SECTION4. The Secretary shallcertify to
the adoption
ofthis reSOlutionandshall causeacopy tobeforwarded tothe
City Councilof the City ofArcadia.
I HEREBYCERTIFYthatthe foregoing resolution was
adopted ataregularmeeting ofthe planning Commission ofthe
City ofArcadia held on the10thday ofDecember, 1974, by the
2-875
following vote:
AYES: CommissionersClark, Huddy, Kuyper, Reiter and
Coghlan
NOES: None
ABSENT:
Commissioners' Hegg andLivingston
ATTEST:
s/ /
larV~
Secretary
3-875
po" "
November 26, 1974
TO: PLANNINGCOMMISSION
FROM:
PLANNING DEPARTMENl
SUBJECT: C. U.P. 74-23
66 WESTDUARTEROAD
APPLICATION
This application was filedonNovember12, 1974, by Homer
Paulson, fortheAmericanLutheranChurchofArcadialocated
at 66West DuarteRoad, which proposes tobuild ~'twostory
classrOomaddition.
PRESENTLANDUSEANDZONING
The' subject siteiszonedR-land ispresently developed
with achurch complex., Property to ,thenorthis z.oned R- 2
and developed with ArcadiaHigh 'School.
Property to
the immediate eastofthe subject siteiszoned
R-l
and developed with afraternal'order meeting hall.
Further tothe eas
t ,the
property ,is 'unzonedand'developed
withtheArcadiaPublic Library. Properties -to' thesouth
are
zoned R-land developed with singlefamily res'idences.
Properties tothewest ofthe subJect site are' zoneaR-l
and developed with twoother- la,rge church complexes.
HISTORY
TheAmericanLutheranChurchofArcadia (Lut)1e.ranChurchof
theCross) was
granted azonevariance (V"6l"14) forthe
erectionof achurchandrelatedfacilities. City Council
Resolution No. 3609, whichstipulated theconditions tobe
metwhenbuilding thechurch, was
adopted on
August 6, 1963.
Churchesandtelatedfacilities are
regulated underthe
conditionaluse permit sec.tionofthemunicipal code, there-
fore, this application is necessary.
PROPOSAL
Theapplicant proposes tobuild a 'twos,tory 'additionwhich
willconsist of approximately 5,400 square feet. The proposed
I
1
6
C.U.P. 74-23 2
first floorisintended to
qualify as
a
day carecenterfor
a
maximum of42children. Thebupdingplans show atotal
indoor play areaof1,.565 square .feet whichwhendivided by
theStateandArcadia Municipal Code requirement of 35
square feetindoor play.area per.childresults in a
maximum
enrollmentof44childrenfor ..theday carecenter,. The
StaieandArcadia Municipal Code ,requirement of 7'5 square
feetofoutdoor play area per :child- resultsin' amaximum
enrollmentof -42childrenfor the3,240 ,:suqare feet _of out-
door play areawhichtheplans ,show ,Inaddition" the
required 6foothigh masonry walltoenclose alloutdoor
play areasisincludedintheplans. Thus, the proposed
firstfloorplans domeet the necessaryrequirements for
a
day care
centerfor 42children.
The proposed second floorwillconsistof
Sunday school
classrooms forthe upper grades,
Pursuantto the provision ofthe' CaliforniaEnvironmental
Quality Act, the PlanningDepartment reviewed ,the proposed
conditional use _
permit_anddetermiitedthatthe'proposal
wouldnothave a
significant effect on,theenvironment. A
Negative Declarationhasbeenprepared and' filedforthis
project.
The Planning Commission,inits.approval or"denial.ofthe
proposed conditional.use,
permit,mustmake .the determination
thattheproposed project would orwould not have, asubstan-
tialadverse impact ontheenvironment.
RECOMMENDATIONS
The PlanningDepartment' recommends approval of C. U. P. 74 - 23
subject tothefollowing conditions:
1. Conditions asoutlinedin
theattached report from
the Department ofPublicWor,ksshallbe" complied
with tothesatisfaction oftheDirectorofPublic
Works.
2. No morethan42studentsshallutilizethe day
care
centerat any one
time.
C.U.P. 74-23 3
3. PerSection9275.3.2oftheArcadia Municipal Code,
the day carecentershallbe $~bject to anannual
inspection.
PLANNING DEPARTMENT
6~<<K~
BARBARAA. KIEDROWSKI
ASSISTANTPLANNER
BAK:db
Attachments
November19, 1974
TO: PLANNINGDEPARTMENT FROM: DEPARTMENT OF
PUBLIC WORKS
SUBJECT: C.D.P. 74-2366W.DuarteRoad--LuthernChurch
Plans forthe proposed
development havebeenreviewed. Thefollowing item
shouldbemade a
conditionof approval:
1, Removeandreplaceapproximately sevenlin. ft. of tenfoot
wide P.C.C.
sidewalkthathassettled onDuarte Road.
I~
CHESTER N. HOWARD
DirectorofPublic Works
CNH:JD:ms
sr4, S (
lDO)
HIG HSCHOOL
R-2
11..1.4-6
lJ
DUAR1E RD
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MASONI
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CHURCH
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Attachment No. 4
Attachment No. 4
Planning Commission Resolution No. 1337
PLANNINGCOMMISSIONRESOLUTIONNO, 1337
ARESOLUTIONGRANTINGCONDITIONAL USEPERMIT 87-4TO
RELOCATEOUTDOORPLAYAREAFORDAYCARECENTERAT
66WESTDUARTEROAD.
WHEREAS, on
February 24, 1987 an
application wasfiled by TheLutheran
ChurchoftheCross to movetheoutdoorplay area,
PlanningDepartment CaseNo.
C.U,P, 87-4, on
propertycommonly known as66WestDuarteRoad, more
particulary
described asfollows:
Lots11and12, thewest 10feetofLot 10and
the east9feetofLot 13, ofTract 6074, located
inthe City ofArcadia. County ofLosAngeles,
StateofCalifornia, as perMap recordedinBook
67, Page 83 in
the Officeof saidCounty
Recorder.
WHEREAS, publichearings wereheld onMarch 24, 1987and June9, 1987, at
whichtimeallinterested persons were
given full opportunity tobeheardandto
present evidence;
NOW, THEREFORE, THEPLANNINGCOMMISSIONOF THE
CITY OFARCADIA HEREBY
RESOLVESASFOLLOWS:
Section1. Thatthe factualdatasubmitted by thePlanning Department in
theattachedreport istrueand correct,
Section2. ThisCommissionfinds:
1. Thatthegranting ofsuchConditional UsePermit willnotbe
detrimentaltothepublic health orwelfare, or
injurious to
the property or
improvements insuch zoneor
vicinity.
2. Thatthe use
applied foratthe
locationindicatedisproperly one
forwhich a
ConditionalUsePermitisauthorized,
3, Thatthesitefortheproposed useis adequate insizeandshape to
accommodatesaid use. All yards, spaces, walls, fences, parking, loading,
landscaping and otherfeatures are
adequate to
adjust said usewiththelandand
usesin the neighborhood,
4, Thatthesiteabutsstreetsandhighways adequate inwidthand
pavementtype to carry thekindoftraffic generatedby the proposed use.
5. Thatthe granting ofsuchConditionalUsePermitwillnotadversely
affectthe comprehensive GeneralPlan.
6. Thatthe use
applied forwillnothave asubstantialadverseimpact
ontheenvironment,
Section 3. Thatforthe foregoing reasons
thisCommission grants 11
ConditionalUsePermitto move theoutdoor play area upon the following
conditions:
1. Thesiteshall be maintained as per theplans onfileinthe
PlanningDepartment.
2. Compliance with C.U,P, 74-23shallbemaintained except fOI' the
locationofplay yard number 2.
3. ThatC.U.P. 87-4shall nottakeeffectuntilthe ownerand
applicant haveexecuted a formavailable atthe PlanningDepartmentindicating
awarenessand acceptance oftheconditions ofapproval.
4. Noncompliance withthe provisions andconditionsofthis
Conditional UsePennitshall constitute grounds fortheimmedi atesuspension or
revocation ofsaidPermit.
Section4. Thedecision, findings andconditionscontainedinthis
Resolution reflecttheCommission'sactionofJune9,
1987andthe following
vote:
AYES: CommissionersAmato, Hedlund, Kovacic, Papay, Szany
NOES: None
ABSENT: CommissionersFee, Galinski
Section5. The Secretary shall certify totheadoption ofthisRe~;olution
andshall cause acopy tobeforwardedtotheCi ty Councilofthe Ci ty of
Arcadi a.
1337
2-
IHEREBYCERTIFY thattheforegoing Resolution was
adopted at a
regular
meeting ofthePlanning Commissionheld onthe23th the day ofJune, 1987 by the
following vote:
AYES:
Commissioners Amato, Hedlund, Kovacic, Szany
NOES: None
ABSTAIN:
Commissioners Fee, Galinski
ABSENT:
Commissioner Papay
ATTEST:
ion
flM/~d /
Secretary, Planning Commission
Ci ty ofArcadi a
3-
1337
o
June 9. 1987
TO:ARCADIACITVPLANNINGCOMMISSION
FROM:PLANNINGDEPARTMENT
WILFREDE. WONG, ASSOCIATEPLANNER
CONDITIONAL USEPERMIT87-4CASE NO.:
The Planning CommissionatitsMarch24, 1987 meeting continuedthe
pUblichearing forConditionlllUsePermit87-4toits meeting ofJune 9,
1987. Thiscontinuation WllStollffordtheapplicant on
opportunity to
submitreYisedplans forthe new
p111yground llt66 WestDUllrteROlld,
Ortg1nlllly theappllcant hadproposed to moye
playyard number2tothe
southwest comerofthelot. The PlannIng Depllrtment hodrecommended
deniolofthisproposo!.
ThereYised plan moyesthe playyard withinthechurch grounds. An existing
6'-0. high concretewalland anew6'-0. woodfence willsurroundthe
playground.
The Planning Department feelsthe newlocationresolyes anynegatiye
impacts that may becreated by the playground upon
adjacent properties,
Pursuonttothe proYisions oftheCo1ifomioEnYironmentol Quolity Act, the
Planning Department hasprepared aninitial study fortheproposed project.
Saidinitial study didnotdisclose any substantial or
potentially substantial
adyerse change in any ofthe physical conditionswithinthe areaaffectecl by
the projectincluding land, air, water, minerals, flora, fauna, ambientnoise
andobjects ofhlstortcalor aesthetIc sIgnIfIcance. Therefore, a
NegatiYI~
Declarationhasbeen prepared forthis project.
RECOMMENDATION
ThePlanning Department recommendsapproya1 ofC.U.P. 87-4 subject tothe
following conditions:
1.
ThesiteshallbemaintaIned asper the plans onf11eInthe
Planning Department.
2,Compliance withC,U.P, 74-23shallbemaintainedexcept fOI"
thelocationof Playyard number2,
3. ThotC.U.P. 67-4shollnottokeeffectuntilthe ownerond
applicant hayeexecuted aformayallableatthe Planning
DepartmentIndicating awarenessand acceptance ofthe
conditionsof approyal.
4. Noncompliance withtheproylsions andconditions ofthis
Conditional UsePermitshallconstitutegrounds forthe
immediatesuspension orreyocationofsaidPermit.
FINDINGSANDMOTIONS
Aooroyal
IfthePlanning Commissionintendstotakeactionto approye this project,
theCommission should moyeto approye andfiletheNegatlye Dec1aratim1
andfindthattheproject w111nothaye a
significant effect onthe
enYironmentanddirectstaff to prepare the appropriate resolution
incorporating thespecificfindings andconditionsofapproyal setforthlin
thestaff report (orasmodified by theCommission),
Denial
Ifthe Planning CommissionIntendstotakeactionto deny this project, the
Commission should moyeto deny anddirectstaffto prepare an
approprillte
resolutionincorporating theCommission'sdecisionand findings in support
ofthatdecision.
C,U.P.137-4
6/9/87
Pflge 2
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66 I!J.
2.EVlSED
PLAr-J N,T.S.
PUBLICHEARING C.U.P.
87-4
66W. DuarteRoad
Considerationofconditional use
permit
to ,moveoutdoorplay areaforday c.lre
centertothesouthwest cornerof thelot,
adjacent tothe rear
property line.
Thestaff report was
presented.
Staff indicated
that theplayground asit
existis notwalled in
and wasnever
approved. In response to a
question fromCommissioner Fee, staffsaidthllt they
did not feelthat theplayground wouldcreate
substantialnoise, therefore, it
wasnotincluded intheEnvironmentalCheck List. Ifthis was
approved, the
structures would have tobe aminimunof3' fromthewall. TheStateLicnese for
a
day carecenter requires thatsuchfacility shallhave a
specific sq. ft. of
insideandoutdoor areaavailableforeachchild.
The publichearing was
opened.
ScottAlvik, 8610 E, liveOak, SanGabriel was thereto represent LutheranChurch
oftheCross. In answer
toCommissionerPapay's
question, hesaidthat the
extendedhours of the playground wouldbeforchildrenwhomtheir parentspick
them up afterwork. Heexplained thatthey needed a
larger space that would
provide for approximately 4000 sq, ft. vs. theexisting 1120 sq. ft.
Hecommented that oneofthe
alternatives suggested wasto relocate some ,of the
parking stalls to
the reartoprovide roomforthe playground; however, this
wouldforce them toeliminate2 handicapped spaces andrelocate themand Inoted
that they would havetofence
theplay area,
thereby, blocking offtheentrance
totheeducation building wheretheMontessoriacademY islocated which
would not
besafein caseof afire. Thecourt yard area hasbeenutilizedfor many
different usesand purposes such as
special events,
youth activities andchurch
servicesand by
placing theplayyard therethey wouldeliminate any wide open
space forthe
church to use forthementioned purposes. The useofthe c,
ourtyard
areaasalunch area ora recess areawoulddisturbthestudentsthat are
still
inclassandworking ontheirschoolwork. Heexplained thattheacademY divides
the studentsinsmall groups, whereas the majority ofthestudents are
stillin
classduring a2-hour period lunchtime. Withtheabove-mentionedaltern~tive
the entiresideofthewallwouldhave tohaveshatter proofglass inthe event
that achild was
pushed into it. However, the proposed sitewould put the
children away from thebuilding andwouldavoid any
possible safetyproblems with
theglass.
Hecommentedthat they wouldutilizethe play areaforapproximately 3 hours a
day andnotedthat they intendedto
keep the noisedown to aminimum. They would
be wll11ng tomodify the areatoinclude ablockwall and aroof if permi'tted.
Hesaidthat none
ofthe residents on
Magna Vista are
against theintended use.
There are
currently 37studentsenrolled intheMontessorischoolandremarked
thatthey didnotintend toincreasethenumberofstudents.
Approximately ISto
18studentsbetween preschoolthrough 4th grade wouldbeusing theplay area
whichwouldhave aswing setand a
jungle-gym at anyone time. Heexplained that
ArcadiaCity Planning Commission
3/24/87
Page 2
there weresome
complaints inthe past,about someyoung adultsdrinking beerin
theevening andthrowing rocks intheneighbors' yards which wasremediedby
asking them to
leave.
In response to
CommissionerFee's
question ofhowtheyproposed tomonitor the
useoftheplayground during non-schooltime, Mr. Alvik said that they wouldlock
the areawith2 gates. Thi~ areawouldnotbeutilized ontheweekends during'
church hoursandsaidthat they intended touseitfrom11to2andfor
approximately ~ hour inthe evening on
weekdays.
Staffclarifiedthat the ,proposedplay area intheconditional use
permit for the
church wasa25' easementfor a
possiblealley andcommentedthat thechul'ch
could
uti1fze the areafor abarbecue ora
wedding withoutviolating theCode.
Underthecurrent
Codethechurch
wouldbe'd~ficientinits parking andwent on
to say thatatthetimethatthe c.u.p. was
granted, there wereno
parking
standardsforchurches.
DorisPfeifer, 160 W. CaminoReal was
present andsaidthatshe is achurch
member. Sheaskedif any restrictions were
put onthe play areaandstaff
commentedthatthere wereno
restrictions put on
playyard 12.
BernieWijesiriwardena, Monroviasaidthat they arethe operators ofthe
Montessori school. Hecommentedthat they have operated theschoolforg years
andhave neverhad any complaintsduring thattime. They have always heard
positive commentsfromthe parents becausethis is aneducational program. He
was infavorofmoving theplay yard theproposed area away fromthebuilding,
He believedthe proposal is a
good oneandaskedfor approval. Playground '1is
usedforthelittlechildren and
saidthatthey have oneteacher and one -
aide
eachfor every 12students. They arelisencedtohave42students,
Mr. Weidaw, 65W. Magna Vista, directly behindthechurch, spOkeagainst the
proposal. He wasconcernedaboutthechurch leasing its property to
the
Montessorischoolandcommentedthat they arenot
opposed to children or
play
yards. Heremarked thatchildrendo not
playquietly in playyards andshout,
screamandlaugh whichwouldcreate
noise. Thelocationoftheplayyard asit
existsisideal forthe neighbors to
the south. He went onto say that play
areasare
usuallyright nexttoclass roomsandnot100' fromthem. Heasked the
Commission to move the play areanexttothe educationbuilding whichwould not
create anyproblems withthe neighbors. He was
againsthaving the play areain
a~
placealong the southerlyboundary line.
CommissionerGalinskiaskedwhat structures onhis property is
located nearthe
proposal and Mr. Weidawsaid immediately next
tothisfenceis agarage buthis
study islocated nearthe rearoftheirhousewhichwouldbeabout30' fromthe
play ground. Thenoisecreatedby theplayground wouldbe a
problem. He
mentioned thatthechildren were
supervisedby teacherswhoutilized whistlesand
shouted atthechildren toget theirattentton. Ifthechildren areon
the swing
orthe jungle-gymthey cansee the yard.
ArcadiaCityPlanning Commission
3/24/87
Page 3
MikeShaw, 75W. Magna Vista spokeagainst the proposal. Hishouse is
located
di rectly behindthe proposed area., Hecommentedthatsometimesthechurch
utili zesthe ext sti ng
play areafor 'gatheri ngs and saidthatthey can hear' thei r
applause. Hefeltthat if
theplay areawastobelocatedwherethey are
proposing thenthe noisewould besubstantially more. Hesuggestedutilizing the
areatothe westmarked as "kitchen/fellowship hall, platform". By doi ng so
they
would probably lose 4-6 parki ngspaces butwouldnothaveproblem withthe,
residentstothe southandthey wouldstillhavetheirbuffer zone.
They could
gain about12 parking spaces tothe rearinlieuof placing theplayground
there.
Hesaidthatin a
recentexperience (Sunday, March22), three boys wereonthe
wallwho werethrowi ng rocks atthei r
dog, hetold the k,i dstoget down and upon
leaning overthewallhenoticedthatseveraladults were
standing intheparking
lotanddidnot say
anything. He was
concernedthatthechildrenwouldc11imb up
thewalland get intohis swimmingpool or
antagonize hisdog whocouldbite
them, Hefeltthatanotheralternative might suitthechurch, Montessorischool
andthe neighbors.
FrankBonfelio, 69W. Magna Vista, directly tothe rearofthechurch was
concerendwiththe
litter createdby thechildren, Hecommentedthat they make
quite abit ofnoiseand was
against theproposal.
Inrebuttal. Mr. Alviksaidthatalloftheneighbors wereconcernedwithtrash
andlitter andhe askedtheCommissiontoincreasethe height ofthewallwhich
would
eliminatethat problem. He explained thattheplayyard would be
approximately 70' from someofthehomestothesouthwith2blockwalls in
betweenthe'noiselevel would decreasesubstantially. Hecommentedthathedid
notfeelthat amaximumof18childrenwould create morenoisethanthe high
schoo1 duri ngany eventthattheschool might havesuch as afootball gam,e
or a
band
practice,
StaffsaidthatCodeallows a
maximum6'.0" high wall,
Mr. Alvick, in response to a
question fromtheCommisisonsaidthatthestudents
have a
specific lunch hourandplace astowheretheirfoodisconsumed. Foodis
notallowedinthe play area. Itis possible thatthe high schoolkids are
the
onesthat are
creating thetrash problem. Hefeltthat they havetried to
accommodate everyone andsaidthat they would evenlockofftheir parking lot so
thehigh schoolkidscould not get in. Mr. Shaw's
suggestion ofrelocating the
play area tothewesterly areawould notbe feasiblesincethe areawould notbe
largeenough.
CommissionerFeecommentedthatthechurchwouldbe
ableto place a
largeplay
area
along the westerly property 11 ne
byrelocating 6westerly parki ng stall s
along the southerly wall. He
remindedtheapplicant thatthechurchisin R-l
zonewhtchabutsresidential properties andnotedthat tothe westofthe
property isanotherchurchand
feltthat backing up tothechurch wouldbe
less
of a
problem thanbacking up to
residential properties.
Arcadia CityPlanning Commission
3/24/87
Page 4