HomeMy WebLinkAboutAUGUST 28, 1962
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PLEDGE OF
ALLEGIANCE
NEW MEMBER
ROLL CALL
MINUTES
ZONE CHANGE
R. G. Harris
Lenore & Live
Oak Avenues
PUBLIC HEARING
STAFF REPORT
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MINUTES
PLANNING COMMISSION, CITY OF ARCADIA, CALIFORNIA
REGULAR MEETING
AUGUST 28, 1962
The Planning Commission of the City of Arcadia, California, met in
regular session on August 28, 1962, at 8:00 p.m., in the Council
Chamber of the City Hall, with Chairman Forman presiding.
Chairman Forman led in the pledge of allegiance.to the flag.
Chairman Forman introduced William E. Kuyper, the new Planning
Commissioner.
PRESENT: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
ABSENT: None
OTHERS PRESENT: Councilman Elton D. Phillips
City Attorney James A. Nicklin
Planning Director William Phelps
Director of Public Works C. E. Lortz
The minutes of the meeting of August 14, 1962, were approved as
written and mailed.
The Chairman announced that this was the time and place fixed for
the hearing on the application of R. G. Harris to change zone R-3
to C-2. The application was read by the Secretary and the Commission
informed that no correspondence had been received, regarding this
matter.
The Planning Department's report was presented as follows:
SUBJECT PROPERTY AND SURROUNDING LAND USE:
The subject property consists of an unimproved lot on the southeast
corner of Live Oak Avenue and Lenore Avenue. The subject lot is
contiguous to C-2 zoned lot on the east being used for a County
Branch Library, and PR-2 zoned lot on the south being used for
parking purposes by a church on the west aide of Lenore Avenue.
The property on the west side of Lenore Avenue across from the
subject lot is an R-3 Zoned lot and is being used for residential
purposes (apartment building). The properties on the north side
of Live Oak Avenue, across from the subject property are C-2 Zone,
and R-3 Zone properties being used for commercial and residential
purposes.
ANALYSIS:
All properties east of the subject lot on the south side of Live
August 28, 1962
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Oak Avenue are Zoned C-2 and are being used for commercial purposes
with the exception of the County Library next door. Since the
library represents a transitory use it is highly probably that a
commercial use will replace it. The subject property improved with
a C-2 use would be desirable from a planning standpoint and would
be in keeping with the established and projected future land use
pattern for the area. However, prior to rezoning the property the
Planning Staff suggests that the owner be required to dedicate a
20 ft. wide strip of land to the City to be used for alley purposes.
This dedication would complete and open the alley from Hempstead
Avenue to Lenore Avenue.
The Planning Staff further suggests that prior to the zoning becoming
effective that plans for the development of the property be submitted
and approved by the Planning Department in order to guarantee that
sny improvement will be in character with the anticipated development
of this area.
RECOMMENDATION:
It is the recommendation of the Planning Staff that the application
for the change of zone be approved subject to the following conditions:
1. The south 20 feet of the lot be dedicated and
improved for alley purposes.
2. Above dedication to be made prior to the recom-
mended zoning becoming effective.
3. A plot plan for any improvements made on the
property shall be approved by the Planning
Department.
PROPONENTS:
Mr. Gallal, 506 Santa Cruz, Arcadia, purchaser of the property also
represented Mr. R. G. Harris who was not able to attend the meeting.
Mr. Gallal stated that Hr. Harris had originally requested the
zone to be changed to R-3 from C-2 and now was requesting it to be
rezoned to C-2.
Mr. Gallal stated he is a reputable masonary contractor and feels
confident that a zone change will improve this area greatly. He
stated that the tenants for the seven stores proposed, will be of
his own choice.
He also stated that this is to be his first venture in this type of
business fA is not doing this because he wants to be a promoter or to
just build a building and sell it to make a profit but rather to
find another way to make a little more income. The type of building
he has in mind of putting in will be pleasing to everyone. It will
be to the advantage to the surrounding property. There is going to
be more parking than required. The building will be of good
architectural design with planters and greenery in the front. He
purchased the property with the.option that the zone would be changed
to C-2.
August 28, 1962
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OPPONENTS: None
PUBLIC HEARING
CLOSED
Moved by Commissioner Norton, seconded by Commissioner Ferguson that
the public hearing on the application of R. G. Harris for a zone
change on Live Oak and Lenore Avenues be closed.
ROLL CALL
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
NOES: None
Commissioner Ferguson aaked if the plot plan submitted by the appli-
cant was the same as envisaged by the staff as the final plan?
The Planning Director replied, ''No''. The plot plan submitted is
preliminary only.
It was suggested by the City Attorney that condition No. 3 of the
staff report be amended to read:
"That prior to the issuance of the building permit, that the final
plans complete with elevations be s~bmitted and approved either
by the Planning CoouniSsion or the Planning Department.
Moved by Commissioner Michler, seconded by Commissioner Parker that
item three of the staff report to include that the complete plans
be reviewed by the Planning Department.
MOTION
Commissioner Michler moved to have the amendment to item 3 of the
staff report and : than to include approval by the Director of Public
Works to cover the alley. Coounissioner Parker seconded the motion.
ROLL CALL
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler.
Norton and Parker.
NOES: None
MOTION
Moved by Commissionel Golisch, seconded by Commissioner Norton to
to approve the application for a zone change subject to the report
of the Planning Department and the changes previously voted on by
the Commission.
ROLL CALL
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
NOES: None
Mr. Gallal asked whether he would have to have a complete set of
plans on the building before the Commission would approve the re-
zoning? Chairman Forman stated that before the zone change was
complete, Mr. Gallal would have to have the plans checked by the
Planning Department and by the City Engineer.
ZONE VARIANCB
Balabanoff
Chairman Forman announced that this was the time and place fixed
for the public hearing on the zone variance of Mr. & Mrs. Balabanoff,
716 West Huntington Drive, Arcadia.
The application was read by the Secretary as well as the report of
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the Department of Public Works, Building and Sa~ety Division.
LETTER
The Balabanoffs were referred to the Building and Safety Division
by the License Officer for zoning clearance. In the discussion that
followed, it was learned that the Balabanoffs had already purchased
the property at the above address and planned to operate a nursery
school in an existing house on this site. The application for a
business license was not approved by the Building and Safety
Division for the following reasons:
1. Nursery schools are not a listed permitted use
in the C-2 Zone.
2. The house, a type V (wood frame) building is non-
conforming to the No. I Fire Zone.
3. Requested change of occupancy (use) from a real
estate office to a nursery school was, in the
opinion of the Building Official, a more
hazardous use and should not qe allowed.
(Sec. 502 U. B. C.).
4. Present building does not have proper exits,
fire-proofing, exit signs, fire alarms, etc.,
as required for a Class C school and day care use.
5. Second floor of building is accessible to children
which is in violation of 802 (d):
'~ooms used for kindergarten, first and
second grade pupils shall not be located
above the first story grade." (Concrete
buildings excepted.)
6. Existing building does not have 6 foot corridors
as required by Sec. 3318 (c) U. B. C. - ~ -
Not required if new exits are made from every
classroom.".
7. Exit doors do not swing in direction of travel.
8. No approval from the State Fire Marshal's Office
or from the Arcadia Fire Department.
If a variance is recommended for the nursery school use, the
applicant should be required to make the above mentioned corrections
as well as all others required by the State Fire Marshal's Office,
Arcadia Fire Department, and Division of Building and Safety,
except those specifically mentioned in the granting of said variance.
STAFF REPORT
SUBJECT PROPERTY AND SURROUNDING LAND USE:
The subject property consists of an improved site with 80 feet
frontage on the south side of Huntington Drive and a depth of 265
feet and is in a C-2 zone.
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The improvements consist of a wood frame .and stucco house and
garage with an attached workshop.
The subject property is contiguous to the following property:
1. A C-2 Zoned corner lot on the east being used
primarily for a gasoline station. Some small
dwelling units and a real estate office are
also on the property.
2. A CoO Zoned lot with "D" overlay on the west
being used primarily for resident ial purposes.
3. A C-2 Zoned lot on the south being used for
residential purposes,
The subject property faces C-2 zoned lots on the north across
Huntington Drive which are used for a gasoline station and a
combination restaurant - cocktail lounge.
ANALYSIS:
Since nursery schools are not a listed permitted use in the C-2 Zone
it becomes necessary to dec.ide if the granting of this variance to
permit such a use would be in accordance with accepted planning
principles and be in the best interests of the neighboring property
owners. The anticipated desired area use as reflected by the zoning
of the area and the City of Arcadia as a whole.
In order to properly evaluate this variance request the following
items should be given consideration:
1. The main building, although apparently well constructed,
does not conform to the Number One Fire Zone required of
buildings in Zone C-2 when the occupancy is more hazardous
than residential.
2. The main building as it now exists violates Building Code
requirements listed in the communication from the Super-
intendent of Building and Safety.
3. The location of the subject property places it within 150
ft. of the heavily traveled intersection of Huntington
Drive and .Baldwin Avenue. Furthermore, the existence of
a gasoline station on the corner lot contiguous to the
subject property serves to further compound what could
be considered an unsafe environment to be delivering and
picking up children. The applicant has submitted plans
which indicate that the owner of the corner lot has agreed
to allow the applicant to use a small portion of his
property for loading and unloading purposes.
4. The subject property and its purposed play yard is conti-
guous to property which although zoned for commercial
purposes is currently being used for residential purposes..
Children playing in these play areas may unintentionally
August 28, 1962
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a noise nuisance which would be detrimental to existing
property values and uses as well as prospective commercial
uses in the future.
CONCLUSIONS AND RECOMMENDATION:
Tbe Planning Staff fully recognizing the probably need for additional
nursery school space in Arcadia does, however, feel that this parti-
cular proposed location would be inconsistent with the proposed
development of this area of Arcadia and that such a use if allowed
might injure neighboring property values, Areas more appropriate
to nursery school use do exist in Arcadia and that the applicants
have not shown sufficient extraordinary circumstances or conditions,
aside from the fact that they have already purcllased the subject
property, to justify such. a use in this location,
The Planning Staff recommends that the variance be denied.
On the other hand if the Planning Commission decides to recommend
approval of this variance application the Planning Staff suggests
that 'the following conditions be included as part of this approval:
1. That the house be made to conform with the No.1
Fire Zone Regulations.
2. That the house be made to conform with those
regulations of the Uniform Building Code to
which it does not now conform..
J. That complete building alteration plans be
approved by the Department of Public Works
prior to the issuance of any occupancy permit.
4. The varian'ce be granted for a two year period
and at the end of which time the variance will
be subject to review by the Planning Department
for an additional extension for a five-year period.
5. That no more than 25 children be enrolled at any
one time.
6. That a written contract between the applicants and
the corner lot property owner be submitted cor-
robating the agreement of property use as set
forth by the applicants on the submitted plot
plan for the length of time of the initial
variance prior to issuance of building permits,
7. Thac 6 fc. high fences or walls or solid con-
struccion be erected between all outdoor areas
designated on plans submitted as areas where
children will play and that such erection take
place at the same time as the house alteration.
8. That all areas designated as outdoor play areas
be fenced co prevent children from wandering out
to traffic areas.
August 28, 1962
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Chairman Forman announced that this is a public hearing on the
application for a zone variance to permit a nursery school at 716
West Huntington Drive.
PROPONENTS:
Mr. Luben Balabanoff, 1625 South Second, Arcadia said, "he will
endeavor to provide answers and information on questions that the
Commission may ask of him. First, how would they be able to purchase
C-2 property and why didn't they negotiate the purchase as subject to
the approval of the Planning Commission? For seven years they have
operated the Moore's Nursery School. The school has a very high
recommendation. They have never had a complaint from the City officials,
Who would go into business under the conditions of no development? No
progress for the future? Usually business begins to pay after several
years of business, and after developing and progressing, increasing
the initial size, more and better merchandise, more customers and
.better business. These are the aspects of a normal business. They
do have exterior and interior area facilities conditions, and
operating abilities for more customers. But they have to stay within
the tight circle of limitations. These are the characteristics of
an establishment in an R-l zone under a variance. A few months ago
and indeed a few weeks ago one of the gentlemen advised me that I did
not stand a chance to have the Commission's approval in an R-l zone
and that there was no provision for an R-l zone variance, which I
would not have applied for anyway. We didn't want to be confined
within the limitations of the inital approvaL They want to develop
and progress. A C-2 zone and not an R-l zone allows this. If he
had purchased an C-2 zone property in almost all neighboring cities
we would have done right. Here are the rulings and requirements
in other cities: Los Angeles, C-2; Alhambra, R-2, C.-I, C.-2, 6. C-3;
Pasadena, C-l C-2, 6. C-3; Azusa, C-2 and an eventual R-l variance;
Temple City C-l, C-2, C-3 and agricultural; Covina, C; San Gabriel,
R-4, C-l, C-2 6. C-3; Arcadia had no special ruling. It was made
two weeks ago on our request. The nearest ruling was commercial
schools are permitted in C-2 zones. There was no mention of R-l
zone and variance. An R-l zone and variance would not allow progress
and most of the cities were requiring C-2zone. What was the
logical seiection? We didn't even suspect the present difficulties
of use variance in a C-2 zone.
At this point we had mentioned that the high monthly payment and
high taxes were to be met with the income of a newly established
school. Alternatives would be, to sell the property and if someone
did not purchase it shortly, they would be compelled to sell the Moore
Nursery 'School, before bankruptcy arrived. We ask for five years
during which period we would be able to relocate the school and have
a fair chance to sell this propert.y, On the new school location, they
would consult the Planning Department and after a preliminary approval,
proceed to negotiate. We have learned our lesson..' A~ to the street
location of this property'~. as one of your gentlemen express now with
my words, but with his own words, the property is on the fringe of
the C-2 zone; it does not break any business establishment continuity;
it is not among or in between other retail business stores.
Against the lo.cation is the traffic on Huntington Drive. This is easily
over-ruled by several other circumstances for example, I am certain
four lanes one-way is safer than most streets with two-way traffic.
August 28, 1962
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I have two letters immediately supporting this opinion. Race
track traffic hours are between 12:00 and 1:00 and 5:00 and 6:00
p.m. Children are brought in from 7:30 in the morning and 9:00
and taken away between 3:00 and 4:30. There will be no parking
on Huntington park. Parking is provided off the street. They will
be beyond the building in the depth of the lot. Comparatively these
circumstances are better than many of the other R-l zone located
schools .
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On the building: several people also Hr. Talley, told us that the
house was built by Hr. William Brandt, a well known contractor
and very well known for way of constructing buildings. Hr.
William Brandt built this house for his own use and the house
18 extraordinarily well built. It has thick walls 18" or 14" or
9" all the way around; large rooms,..high ceilings, very strong
floors, anei spanish type roof. Only one Hnal objective con-
clusion can be drawn, firstly, a good building can be good for
one purpose and not good for another; that the stability of this
building for the intended purpose is unique and extraordinary.
Four people did acknowledge that but most important was the
opinion of the State Welfare supervisor for this area. Especially
that the job of this official serves more important to approve
the location and adaptibility of the ground, the building and the
school. At this point, we would mention that the building previously
was used for 3 or 4 months for a family of a woman with seven
children. Before that the building was used .for medical offices by
De. DeGero whose widow we owe the largest amount of money. The
second floor would provide occupancy for a janitor. The second floor
by no means was ever intended to be part of the nursery school.
After twenty Hve years of experience my wife knows a. little better.
We wonder whether you realize the building will be used very little.
Outdoor living and play gives the California motif an advantage.
Washington states that generally 80% of the 250 school days and
80% of the hours of every day that the children will be outdoors.
The capacity of the school would be 50 to 60 children. The State
Welfare Officials are granting a license fo~ that number. Their
considerations are based on area per child, 75 sq. ft. exterior
and 35 sq. ft. interior are the standards they use. There is a
f\lnctional distribution of rooms, activities, washroom, and other
equipment inside and outside the building. The State Welfare
s\lpervisor inspected the grounds and stated that the whole
setup would be more appropriate and pleasing than any other
existing schools. The changes provide additional openings from
egery room to the outside; more washroom facilities. Almost every
room has a lavatory, which is a very desireable facility according
to more recent standards for nursery schools. The back yard of the
property was a jungle. Now, it is all clean and looks like a desert.
B\lt when we complete..the job, it will be a garden. One part of the
garage will be fixed as a craft shop.
I will conclude with an observation of a need for nursery schools
i~Arcadia. There are five, and all of them are limited to twenty
five children. And three of them conduct only morning programs,
And only two of them are having full day programs. And one of
these schools is for sale and most probably will sell for a site
for a~artments. And-only one will be left for gardening, our
Hoare s school. Arcadia has a 45,000 population. The school
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system of Arcadia, Is on a high level, and we al want that.
This sensitivity of yours, we hope, will also not allow you to be
indifferent to what kind of nursery school is put up in our City.
But who operates it and how they are operated. Our bid is on your
desk.
Mrs. Balabanoff, 1625 South Second, Arcadia, stated the trend is
growing as probably most of you know. Parents realize that a nursery
school is an educational necessary supplement to their home, This
provides physical, moral ,and intellectual development of the child.
Just how does a nursery school do that? First, the physical en-
vironment of the outdoor and the indoor facilities. They are all
scaled to the childs size for his use. The climbing apparatus,
swings, big block to build with, jungle gyms, and so forth. All
these develop his muscular co-ordination. They develop his ego
"l can do." I can try, it is not stop, don't do, don't jump, don't
ruin the sofa. There is also a variety of indoor equipment, with
which the program is conducted. A nursery school is not just a baby
sitting job. This is a progr~ not detrimental to the neighborhood,
A good nursery school is concerned with the childs development and
the program is flexible and under the guidance of a trained teacher,
or two or three depending upon the number of children. The program
provides for some free play time with the equipment, and some
organized activities; such as music, rhythm, dancing, story time,
and so forth. There is no formal teaching,but with the use of the
equipment and the association with other children, much learning
takes place. The children are:active when everyone else is active,
whether at play or at work. When the adults are ready to rest,
the nursery school children rest too. So that they don't distu~b
the reSidential area, or the neighbors who might want to rest in the
afternoon. The child in a nursery school learns to share, to give
and take, to wait his own turn instead of push~ngand pulling. This
is an important part of the social development. Through an
association with his peers his language develops, he become
independent, self confident because he is allowed for the most
part to follow his own interest using all the equipment. Success
and 'security are important to all of us. And the roots start in
nursery school. Because of the learning that takes place through
the activities, which the child enjoys, he forms a positive attitude,
to further formal learning. The nursery school gives the mother
some time off Lor her household duties, for pursuing her hobby
or her own interests, or just for some adult conversation. When
the child has not been tied to her lap ail day long, she is more
relaxed and eager to give him her full attention, and love when
he canes home. These are in short, very few of the reasons why the
trend for nursery schools is growing. The Arcadia mothers are
intelligent and are asking for it. I speak from experience. So
I ask you gentlemen to give me the privilege of serving the Arcadia
population.
Mrs. Jack Schmitz, associated with the Arcadia Parent Participation
Nursery School and Chairman of the San Gabriel Valley Council of
Parent Participation Nursery Schools stated, it seems to me that this
past summer you gentlemen have been a clearing house of nursery
schools that want variances or something. I think in a way that this
is good because I feel that something needs to be done in the City
August 28, 1962
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of Arcadia about people who want to have nursery schools. I have
written a letter to Mr. Phelps, and probably here would be the best
place to take it up. But I would like to say now approval is more
than looking into the physical aspects of place, where the nursery
school is to locate., but also should consider the people who are
running it. I don't know Mr. & Mrs. Balabanoff, I wish I did, they
strike me as being very worthy of running a nursery school and I am
sure that Moore's is a very good nursery school. But it seems to
me that there is too much emphasis on the place itself. I know that
this is your gentlemens job, I don't know if there is some other
place, some other agency in this city that should look into how it
would be run, but I do feel that we need more facilities of this
kind and that the variance should be granted and that usually this
is the place to start -in the control of these nursery schools and
get this started right and the right ones started.
OPPONENTS: None
Commissioner Norton stated that he thinks this request creates a
problem that should be fully recognized not only by the Commission
but by the City in general. Apparently there is an increase of
these types of facilities. One way to evaluate this request is to
review the present uses that are allowed in the C-2 zone. Certainly
one would conclude in going through the rest of the uses that perhaps
some less desireable than this type of facility. The example I
refer to is the fact that the Commission would allow turkish baths
in a C-2 zone; a bakery; feed stores; musical conservatory; plumbing
supplies; commercial schools, and studios excepting motion picture
studios. The point that I am trying to make is that the present
uses in our C-2 zone are somewhat incompatible. We would do well
to re-evaluate the uses. In my opinion there apparently is a need
for this.. This particular locale has been sought out by these
people and the several thoughts expressed in the previous hearings
as well as those brought forth by the Planning Department. One of
which was the traffic problem, Huntington Drive and Baldwin,
involving the main intersection. It appears that the participants
have solved this problem by an off-street parking facility to unload
the children so perhaps the hazard factor is somewhat reduced. Also
in the report of the Planning Department, the fact of a nuisance
problem in terms of noise would be something that the Commission
should consider. If the Commission considers it in the case of a
nursery school than perhaps we would also be interested in con-
sidering it in the case of vocal instruction. We might be interested
in looking at it from the standpoint of bowling alleys and factorys.
The idiosyncrasy_ he.re that applied to this particular application
in this area is baSically that if nursery schools were a commercial
use and they meet with the building code, and the complied with
the State of California codes, then this particular property
apparently could serve this area rather well. It could be served
well from the standpoipt that Huntington is predominately an R-3
area, with the exception of some of the lots indicated as C-2 in
this particular locale. There is one or two things to consider not
only this application, but the Commission will have to sooner or
later revise the code to the point so that we can embrace this type
of facility. Therefore, if this application is denied, where do these
people go? Do we advise them as to a more select location would be?
August 28, 1962
Page Ten
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First things first either the Commission resolves the fact that a
nursery school is reasonable use and could operate within this area.
And secondly the Commission is faced with some re-evaluation of the
code, as to C-2 uses.
Commissioner Michler agrees with Commissioner Norton regarding that
this use is a better one than the items that are permitted normally
in this particular area. In so far as the location of the school,
it fits in very well.
Commissioner Golisch stated:
1. There appears to be a difference of opinion between
the applicants idea of what the building is suitable
for, what can be done with as compared to the Building
Code. If that can be worked out that will be fine it
will correct that situation.
2. This particular property, is 265 ft. deep. The entire
lot will be used for the school. The back is going to
be swings and the climbing apparatus, leaving the rest
of the area for the field toys, bike storage and so
forth. This whole area should be enclosed with a
fence. This would cover the entire area with the
exception of the front of the lot.
3. The parking problem: Inasmuch as the entrance to
the school is on Huntington Drive which is the main
thoroughfare, the applicant has presented some very
persuasive arguments that lessens my points on this
subject. I feel that by using the parking area by
the gas station, is gogd, 'because of the nature of
the business. The applicant made a special effort
to overcome a problem. However, if a circular
driveway were installed it would allow the people
to drive in and drive right out. The only problem
that appears not to be solved is the parking lot.
He thinks that Mr. & Mrs. Balabanoff are correct
in applying for a zone variance because there
will be some locations in a C-2 area that would
not be desireable. The building itself: the
applicant and the Building Inspector can get
tog~ther,and if the entire property is fenced
in, the one point to consider is the parking.
It is a worthwhile project.
CommiSSioner Ferguson stated: there are a wide variety of uses
permitted in this zone, and due to this, I 'don' t thi.n~~ i: coul':
be said that nursery schools are compatible with all of the uses
in C-2 zone. A good number of them would be. In some places they
wouldn't be. I prefer not to see them just generally classed.
Basically the number one item is the safety for these children
and in Title 21 of the State of California, they do not allow
school children below second grade on a second floor area. I
want to make sure that the second floor is completely biocked off
and inexcessible. The property is in the #1 fire zone which has
August 28, 1962
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very strict requirements as far .as safety goes, which, in the case
.of a wood frame building would require extensive changes.
.Commissioner Parker stated there is a discrepancy in what Mrs.
Balabanoff feels is the maximum number of children and what the
Planning Commission feels. The figure of 25 children was quoted
by the Planning Director. I also question what control the Planning
Commission has on the 25 children. The City Attorney answered that
our control of this kind would be under the zoning ordinance.
Commissioner Golisch stated that the number of children should be
governed by the State Welfare restrictions, because this is their
field of endeavor and the 25 limit that the Planning Department
recommended was based on the past cases of nursery school limitations.
I also feel that we should take the 25 figure out of our limitations
and follow the State requirements. The question of how many children
the property could carry was answered by Mr. Balabanoff as 50 to 60
children. Mr. Balabanoff also stated that they do not intend to go
that far, the maximum that they would go is 40 children. They would
rather have complete control. over 40 children rather than not have
any control over 50 or 60 children.
It was mentioned by Mr, Balabanoff that within a period of five years
he would like to relocate the property with the approval of the
Planning Commission. It would give them a chance to liquidate the
proper.ty also with the preliminary approval of the Planning Commission.
He thinks that two years is a very short period in which it would not
show any development or any improvement and would like an extension
of five years time.
Commissioner Norton asked the applicant. that he had stated in two
instances that his desire is to liquidate this property within a
period of five years and yet on the basis of which their application
is made that this is a very desireable location and in .all appearance
the request for which they are applying and why are they conflicting
themselves? Mr. Balabanoff answered that if enough profit was made
from the business they might stay there rather than liquidate.
The City Attorney stated that in respect to the areas of control in
this field at one time the cities used to control locations of
schools and method of construction. Down through the years both
the legislature and the courts have taken away more and more of that
so that presently the schools do not even have to abide by the zoning
if they don't want to. The building plans are approved by the State
Department of Architecture and are not required to be approved by the
local agency.
The State has not entered period of the private schools yet to the
day. He is of the opinion that we can impose more stringent controls
in the State has yet to impose and they would be enforceable under
the present interpretat.ion.
Chairman Forman stated he is of the same opinion as most of the
Commissioners on this variance, with the exception of the number of
c~ildren. There is a great deal of R-l use although it is zoned
d1fferently still surrounding this property. There is quite a lot of
Augus t 28. 1962
Page Twe 1 ve
CLOSE OF PUBLIC
HEARING
ROLL CALL
MOTION
.
.
it on Southview Road which is only one lot removed from the applicants
property. I believe 50 or 60 children, regardless of whether it is
now or 3 or 4 years from now, during at anyone time, could be quite
a noise factor and feel that we should put a tentative control on the
number of children to see what the reaction is. There is nothing
to perclude a change at later date to increase that to the State
maximum if it were desireable and if we did not have reports of
excessive noise fr.om the neighbors. Southview Road has a number
of apartments on it and voices of little children particularly carry
a great deal further than a deeper voice, and the Commission should
watch that particular item. I agree with the other Commissioners
as far as the area for the nursery school or the variance and the
rest of the prerequisites suggested by the Planning staff should be
enforced, The Commission should come to some point as to how many
children will be allowed in the school.
Chairman Forman stated that children when happy are going to make some
amount of noise regardless to the amount of control. The rear portion
of the property will be a playground and there will be a noise factor.
Moved by Commissioner Norton and seconded by Commissioner Michler
that the public hearing for the application for a zone variance for
a nursery school at 716 West Huntington Drive be closed.
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
NOES: None
Commissioner Norton moved that the application of Luben and Emilia
Balabanoff for. a variance for a nursery school at 716 West Huntington
Drive be recommended for approval. subject to the conditions as
outlined by the Planning Department with several variations to this
recommendation. Number one, the period of time to be five years;
number two,in paragraph five of the staff report that no mo~e than
25 children be enrolled, be deleted; number three, sidewalks be
installed, and. number four, an offer of 20 foot alley be tendered,
Before a vote was called Chairman Forman wanted to clarify item six
in the staff report, Do we want the circular drive which was
discussed or the parking as suggested by the applicant? If a
circular drive, it would have to be of sufficient width to
accommodate the parents dropping off and picking up children in
either the parking lot or the drive.
It has been moved by Commissioner Norton, seconded by Commissioner
Golisch, for the approval of the zone variance for a nursery school
on 716 West Huntington Drive subject to the recommendations of the
Planning staff with the deletion of item five of the staff report
as to the number of children, and change item six to read either
the parking lot as indicated on the plan and covered by a covenant
or a circular drive; and in item nine the sidewalks to be installed
meeting with the approval of the Department of Public Works, and
an offer of dedication for the alley to be 20 ft, wide at rear of
property. A further condition to be added reserving the right to
the Planning Commission to make minor modifications in these conditions.
August 28, 1962
Page Thirteen
ROLL CALL
TENTATIVB TRACT
MAP NO. 27508
Lyndon Way and
Magna Vista
.
.
Item five regarding the amount of time instead of a 2 year period
be changed to a five year period of time.
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
.NOES: None
The subject tract is located on the south side of Duarte Road and
proposes the extension of Magqa Vista Avenuer terminating a cul-de-
sac at the side of the Holly Avenue School. The tract proposes to
create only four lots. It was recommended for approval subject to
the following conditions:
1. Provide all easements necessary to provide rear line
overhead utilities.
2. Install all Standard Street improvements required by
the subdivision ordinance. Improvements, grading, grades
and drainage. shall be to the satisfaction of the Director
Public Works.
3. Remove all buildings and structures within or across
the tract boundaries.
4. Curbs shall be concentric with center line and a
minimum of 36 feet. curb to curb.
5. A Covenant in a form approved by the City Attorney
shall be recorded agreeing that for the purpose of
Article IX of the Arcadia Municipal Code the exterior
boundary line of said tract shall constitute the rear
lot line of lots 1 and 4.
6. Install fences at rear of 350 W. Duarte Road to
provide pool protection as required by the Code.
7. The City shall dedicate., at the time of the
approval of final map, Lot 11 in Tract No.. 19656
for Street and Highway purposes.
8. Remove all trees from tbe Street Right of Way.
9. Dedicate 12' at 340 and 350 W. D.uarte Road for the
widening of Duarte Road.
10.
The
following fees will be required:
Street Light Installation -----__ $
Street Tree Installation -----__
Recreation Fee - 4 @ $25.00
230.00
76..50
100.00
Total
$ 406.50
It was recalled that at the meeting before this was held over
because we thought there would be Some difficulty with this pro-
posed tract but since that time in our re-evaluation of it we
discovered there will be no difficulties with it. '
August 28, 1962
Page F(1urteen
.
.
Commissioner Norton stated that he concurs with the Planning Director
on this tract.
.'
MOTION
Moved by Commissioner Golisch, seconded by Commissioner Norton for
the approval of Tentative Tract Map No, 27508 subject to the
recommendations of the Planning Department.
ROLL CALL
AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
NOES: None
RESOLUTION NO.
458
The City Attorney presented Resolution No. 458 entitled:
.~ RESOLUTION OF THE CITY PLANNING
COMMISSION OF THE CITY OF ARCADIA,
CALIFORNIA, DETERMINING THAT THE
BUSINESS OF A NURSERY SCHOOL IS NOT
A COMMERCIAL SCHOOL AS THE TERM
IS USED IN SECTION 9263.1.33 OF THE
ARCADIA MUNICIPAL CODE."
MOTION
Moved by Commissioner Ferguson, seconded by Commissioner Golisch,
and unanimously carried that the reading of the full body of the
resolution be waived.
MOTION
Moved by Commissioner Norton, seconded by Commissioner Ferguson,
that Resolution No. 458 be adopted.
ROLL CALL
AYES: Commissioners Ferguson, GoHsch, Michler, Norton and Parker.
NOES: None
ABSTAINED: Commissioners Forman and Kuyper.
RESOLUTION NO.
457
The City Attorney presented Resolution No. 457 entitled:
'~ RESOLUTION OF THE CITY PLANNING
COMMISSION OF THE CITY OF ARCADIA,
CALIFORNIA, INSTITUTING PROCEEDINGS
FOR THE PURPOSE OF CONSIDERIKG AND
MAKING RECOMMENDATIONS CONCERNING
THE AMENDMENT OF TITLE 1 OP DIVISION
5 OF PART 7 OF CHAPTER 2 OF ARTICLE
IX OF THE ARCADIA MUNICIPAL CODE BY
ESTABLISHING NURSERY SCHOOLS AS A
SPECIAL USE."
MOTION
Moved by Commissioner Golisch, seconded by Commissioner Ferguson,
and unanimously carried that the reading of the full body of
Resolution No. 457 be waived.
MOTION
Moved by CommiSSioner Ferguson, seconded by Commissioner Parker,
that Resolution No. 457 be adopted.
August 28, 1962
Page Fifteen
.
.
ROLL CALL
.AYES: Commissioners Ferguson, Forman, Golisch, Kuyper, Michler,
Norton and Parker.
NOES: None
ADJOURNMENT
There being no further business to bring before the Commission, the
~eeting adjourned at 10:21 p.~,
,f/~~
WILLIAM PHELPS
Secretary of the
Arcadia Planning Commission
August 28, 1962
Page Si>:tceo