HomeMy WebLinkAboutAgenda Item No. 1
DATE: August 14, 2018
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Peter Sun, Associate Planner
SUBJECT: APPROVING CONDITIONAL USE PERMIT NO. CUP 18-02 AND
ARCHITECTURAL DESIGN REVIEW NO. ADR 18-08 FOR A NEW
PRESCHOOL WITH UP TO 60 CHILDREN WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (“CEQA”) AT 615 E. LIVE OAK AVENUE
Recommendation: Adopt Resolution No. 2019
SUMMARY
The applicants, Mr. David Van Iwaarden and Ms. Ranum Magellan (“The Applicant”),
are requesting approval of Conditional Use Permit Application No. CUP 18-02 and
Architectural Design Review No. ADR 18-08 for a new preschool (dba: Arcadia
Playschool) with up to 60 children within an existing 3,275 square foot standalone
commercial building that is currently vacant at 615 E. Live Oak Avenue. As an existing
facility, the proposed improvements qualifies for a Categorical Exemption Section
15301(a) under the California Environmental Quality Act (CEQA). It is recommended
that the Planning Commission approve CUP 18-02 and ADR 18-08 subject to the
conditions listed in this staff report, and adopt Resolution No. 2019 – refer to
Attachment No. 1.
BACKGROUND
The subject property is an interior lot, zoned C-G, General Commercial and is located
on north side of Live Oak Avenue, one property east of 6th Avenue. The property is
approximately 16,300 square feet, and is currently improved with a 3,275 square foot,
one-story building that was built in 1991. The vacant building was previously occupied
by the American Legion office, a non-profit organization. The site currently has 34
surface parking spaces with two (2) driveway entrances off of Live Oak Avenue.
The adjacent properties are all zoned General Commercial (C-G) with a legal non-
conforming duplex to the north, a church to the west, a restaurant to the east, and a mix
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 2 of 10
of restaurant, retail, and office uses to the south, across the street – refer to Attachment
No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Property
and Vicinity.
The Applicant currently operates a large family day care out of their home here in
Arcadia at 417 San Antonio Road since 2015. Prior to opening their home day care, Mr.
Iwaarden managed a preschool in West Hollywood. After having a successful day care
out of their home for the last few years, the Applicant would like to expand their
business and move into a larger facility.
ANALYSIS
The Applicant is requesting a Conditional Use Permit (CUP) to operate a preschool,
(dba Arcadia Playschool). The pre-school will provide daycare services for children
between the ages of 18 months to five (5) years old (up to Pre-Kindergarten age). The
building will have four (4) classrooms: One classroom for toddlers, and three
classrooms for preschool children. The Applicant plan to have up to seven (7) teachers
during each shift. The proposed business hours will be from 7:00 a.m. to 6:00 p.m.
Below is a breakdown of how many children will be in each class.
Room Age Size of Classroom
(SF)
Number of Children
Room 1 Toddler 625 SF 17
Room 2 3-yr olds 625 SF 17
Room 3 Pre-K 650 SF 17
Room 4 TK & Kindergarten 325 SF 9
Some interior improvements are required for a childcare facility, including but not limited
to upgrading the two (2) existing restrooms, adding new walls to divide the building into
four (4) classrooms, and a new kitchen and lounge area - refer to Attachment No. 3 –
Architectural Plans. Two of the preschool classrooms will have a foldable partition wall
to allow the classrooms to be combined as one large classroom, when needed.
The Applicant is also proposing to reconfigure the site’s layout by converting a portion of
the parking lot area into a playground, repave and restripe the rest of the parking lot,
and provide 14 parking spaces that includes one-disabled parking spaces, and one
drop-off/pick-up space. The storage and trash enclosure will be relocated away from the
front of the property to improve visual appearances, a condition of approval to this effect
has been proposed. There will be total of two new playgrounds to accommodate the
new preschool. The smaller playground will be approximately 1,520 square feet for only
the toddlers and the larger playground will be approximately 2,605 square feet for the
preschoolers. This new layout would require the removal of 20 parking spaces from the
site, but it will still have 14 spaces left and it will meet the minimum parking
requirements necessary for this preschool, as shown in the table below. Parents and
guests can use any one of the available parking spaces to pick-up/drop-off their
children.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 3 of 10
Parking Requirement for Daycare and
Preschool Facilities
Required Number of spaces
1 space per 10 children 6 spaces for 60 children
1 space per employee 7 spaces for 7 teachers
1 drop-off/pick-up space
Total Required: 13 spaces + 1 drop-off space
Total Provided: 14 spaces
The new playground areas will comply with the State’s requirement, which requires 75
square feet of outdoor space per child at a given time. In order to reduce the potential
for noise impacts to surrounding properties, only two (2) classes or approximately 30
children will be allowed within the playgrounds at any given time, and the playground
hours are staggered from 9:00 a.m. to 10:00 a.m. and from 10:00 a.m. to 11:00 a.m. All
meals, including snack time will be served inside the classrooms to avoid disturbing the
adjacent neighbors or businesses.
Figure 1. Proposed Site Plan
The existing driveway that is now be in front of the new playground area will be closed
off to prevent any confusion to the motorists as an entryway onto the subject site.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 4 of 10
As far as exterior improvements to the building, the applicant is not proposing any
façade improvements at this time.
FINDINGS
Section 9107.09.050(B) of the Development 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. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: Approval of the preschool is consistent with the
Commercial Land Use Designation of the site. The Commercial Land Use
Designation is intended to permit a wide-range of commercial uses, which serve
both neighborhood and citywide markets. The designation allows a broad array of
commercial enterprises, including educational uses. The building is currently vacant
and has been for many years. The proposed use will fill a vacancy and will also be
an added educational amenity to the community. The proposal is a commercial use
permitted in the zone subject to the approval of a Conditional Use Permit in the C-G
(General Commercial) zone, and will not adversely affect the comprehensive
General Plan, and is consistent with the following General Plan goals and policies:
Land Use and Community Design Element
• Policy LU-6.8: Encourage the intensification of commercial uses on
underutilized commercial properties and the transitioning of non-commercial
uses on commercial properties in accordance with the Land Use Policy Map
and all applicable regulations.
Parks, Recreation, and Community Resources Element
• Goal PR-4: A network of City, school, and private community facilities that
provides spaces for recreation, education, enrichment, and social service
programs.
• Goal PR-5: Recreation, education, enrichment, and social service programs
that respond to a broad range of community interests, promote healthy
lifestyles, and meet the needs, desires, and interests of the Arcadia
community.
• Goal PR-6: Continued superior educational facilities and resources for
residents of all ages and backgrounds.
2. The proposed use is allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable
provisions of the Development Code and the Municipal Code.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 5 of 10
Facts to Support This Finding: The site is zoned C-G, General Commercial.
Arcadia Development Code Section 9102.03.020, Table 2-8, allows a day care
facility in the C-G zone subject to the review and approval of a Conditional Use
Permit. The 13 parking spaces and one (1) loading space provided on-site meet the
parking requirements to support a day care use with up to seven (7) staff and 60
children. The proposal also complies with all other applicable provisions of the
Development Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The proposed preschool will occupy the entire
3,275 square foot commercial building. The preschool is compatible with adjacent
uses including the restaurant to the east, church to the west, and residence to the
north, as well as future commercial uses that may be permitted in the C-G zone.
The existing parking lot will be improved to support all operational requirements of
the use to minimize any potential impacts to adjacent properties and the public
street. Adequate parking is provided on site by way of 13 spaces and one (1)
additional loading space. Since this is a day care use of preschoolers, and all the
children will be dropped-off and picked-up within a two-hour time period; the
proposed use is not expected to create a potential impact to the on-site parking
circulation. Furthermore, all parking spaces have adequate back up distance for
vehicles to safely maneuver forward onto Live Oak Avenue. Existing shrubs also
line the back of the property and will serve as a barrier to the non-conforming
residence in the rear; existing trees and new landscape planters will help soften the
visual impacts of the parking lot. The planned schedule of activity was also intended
to minimize the number of children outdoors at any one time and ensure the
children’s safety. A five (5) foot wrought iron fence is also planned to gate around
the playground areas so that children are protected from outside. The site design,
characteristics, and location are compatible with the proposed use and the proposed
use is compatible with existing and future land uses in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences,
landscaping, loading, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: The site is physically suitable for the proposed
preschool, and the existing building will be remodeled to create the proper
classroom sizes necessary to accommodate up to 60 children. Based on the
operational characteristics of the proposed business and 13 parking spaces and
one (1) loading spaces will be provide, the site has sufficient parking to serve the
proposed use. The site is large enough to can accommodate two playground
areas. Additionally, the conditions of approval will help mitigate any concerns
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 6 of 10
regarding noise will ensure the adjacent properties and businesses will not be
adversely affected by the proposed use.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access.
Facts to Support This Finding: The site is located along West Live Oak
Avenue with access to the site from this street. The street is adequate in width
and pavement type to carry the traffic that could be generated by the preschool.
The proposed use will not impact this street.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The subject property is developed with an
existing commercial building that complies with current safety requirements.
There will be no impact to the provisions of public safety services.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment,
and disposal, etc.).
Facts to Support This Finding: The subject property is developed with an
existing commercial building. There are adequate utilities to service this site. The
site and building are in compliance with current health and safety requirements.
There will be no impact to utilities or the City’s infrastructure from the proposed
use.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons, property,
or uses in the vicinity and zone in which the property is located.
Facts to Support This Finding: The proposed preschool will not be detrimental to
the public health or welfare, or the surrounding properties. The size and nature of
the operations of the preschool will not negatively affect the subject site or the
surrounding businesses and properties. The new parking layout is adequate to
support the use; and there will be minimal traffic impacts to Live Oak Avenue.
The proposed project, with the recommended conditions of approval will satisfy 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, Planning & Community Development Administrator, Fire Marshal, and
Public Works Services Director, or their respective designees.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 7 of 10
ENVIRONMENTAL IMPACT
It has been determined that no significant physical alterations to the site are necessary.
Therefore the project is exempt as a Class 1 Categorical Exemption as an existing
facility from the requirements of the California Environmental Quality Act (CEQA) under
Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the
Preliminary Exemption Assessment.
PUBLIC COMMENTS/NOTICE
Public hearing notices for this item were mailed to the owners of those properties that
are located within 300 feet of the subject property and published in the Arcadia Weekly
on August 2, 2018. As of August 9, 2018, staff did not receive any public comments on
this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2019 approving
Conditional Use Permit No. CUP 18-02 and Architectural Design Review No. ADR 18-
08 for a new preschool with up to 60 students, and find that the project is Categorically
Exempt under Section 15301 of the California Environmental Quality Act (CEQA),
subject to the following conditions of approval:
1. The use approved by CUP 18-02 and ADR 18-08 is limited to a preschool (up to
Pre-Kindergarten age) and shall be operated and maintained in a manner that is
consistent with the proposal and plans submitted and approved for CUP 18-02 and
ADR 18-08, 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.
2. No more than 60 children shall be permitted at any given time. Each classroom and
office shall maintain compliance with the occupancy limits of the California Building
and Fire Code, and the State Child Care Licensing Requirements.
3. The preschool business hours are limited from 7:00 AM to 6:00 PM, Monday
through Friday.
4. Each classroom shall have at least one clear glass window to allow easy viewing
into the classrooms.
5. The one (1) loading space shall be marked (either by a sign or on the pavement)
that it shall be restricted to 15 Minutes.
6. Prior to submitting the plans into Building Services for plan-check, the location of
the new trash enclosure shall be reviewed and approved by the Planning &
Community Development Administrator, or designee.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 8 of 10
7. The planters within the visibility area shall consist of low landscaping plants and
shall exceed 3’-0” in height.
8. The existing landscaping and trees in the parking lot shall be maintained and
replaced if damaged by the construction.
9. Prior to issuance of a building permit from Building Services, the applicant/property
owner shall comply with the Development Code requirements regarding parking lot
lighting, signage, striping, and wheel stops to the satisfaction of the Planning &
Community Development Administrator, or designee.
10. Prior to issuance of a building permit from the Building Services, the
applicant/property owner shall relocate and upgrade the trash enclosure to a new
location that the Planning & Community Development Administrator or designee
finds acceptable and not impede into any of the visibility areas.
11. Prior to the issuance of a Certificate of Occupancy from the Building Services, one
(1) Automated External Defibrillator (AED) shall be installed. The location of the
AED shall be identified on the plans submitted for plan check in Building Services
and is subject to review and approval by the Planning & Community Development
Administrator, or designee.
12. No bells or outdoor public address systems shall be utilized because of the site’s
proximity to a neighboring residential area.
13. 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,
Planning & Community Development Administrator, Fire Marshal, and Public Works
Services Director, or their respective designees. The changes to the existing facility
may be subject to building permits after having fully detailed plans submitted for
plan check review and approval by the aforementioned City officials.
14. Noncompliance with the plans, provisions and conditions of approval for CUP 18-02
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the preschool.
15. The following Fire Department conditions shall be met:
a. A full coverage fire alarm system shall be provided.
b. Illuminated exit signage and emergency lighting shall be provided along all
paths of egress.
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 9 of 10
c. Minimum rated 2A:10BC fire extinguishers shall be provided at approved
locations. All required exit doors shall be equipped with panic or lever
type hardware.
d. Latched or key operated locks are not permitted.
e. A knox box shall be provided at an approved location.
16. 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.
17. Approval of CUP 18-02 and ADR 18-08 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 Planning & 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 Application No. CUP 18-02 and
Architectural Design Review No. ADR 18-08, stating that the proposal satisfies the
requisite findings, and adopting the attached Resolution No. 2019 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.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 18-02 and
Architectural Design Review No. ADR 18-08, stating that the finding(s) of the proposal
does not satisfy with reasons based on the record, and direct staff to prepare a
CUP No. 18-02 and ADR No. 18-08
615 E. Live Oak Avenue
August 14, 2018
Page 10 of 10
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 August 14, 2018, hearing, please contact Associate
Planner, Peter Sun, at 626-574-5444, or by email at psun@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2019
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
C-G
Number of Units:
C
Property Characteristics
1990
3,275
0
6TH AVE INVESTORS LLC
Site Address:615 E LIVE OAK AVE
Parcel Number:5791-024-057
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
N/A
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated 18-Jul-2018
Page 1 of 1
View of the subject property and existing building at 615 E. Live Oak Avenue
View of the parking lot and rear of the subject property
View of the parking lot and northwest corner of subject property
View of the existing trash enclosure near front southwest corner of subject property
View of the existing building
View of the existing building
View of the existing landscape planter
View of the sidewalk and public right-of-way
View of the existing bushes at western property line
View of existing concrete block wall and bushes at northern property line
View of the commercial center across the street
View of church building cross the street
View of neighboring commercial property to the east
View of church building to the west of the property
Attachment No. 3
Attachment No. 3
Architectural Plans
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Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit Application No. CUP 18-02 for a new
3,275 square foot preschool in existing commercial building
2. Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
615 E. Live Oak Avenue (between 5th Avenue and 8th Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private) David Van Iwaarden, Ranum Magellan
(1) Name David Van Iwaarden, Ranum Magellan
(2) Address 417 San Antonio Road
Arcadia, CA 91007
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental
assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Sections 15301(a) (Class 1, existing facility)
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise
exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: August 14, 2018 Staff: Peter Sun, Associate Planner