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HomeMy WebLinkAboutAUGUST 28, 1962 . , PLEDGE OF ALLEGIANCE NEW MEMBER ROLL CALL MINUTES ZONE CHANGE R. G. Harris Lenore & Live Oak Avenues PUBLIC HEARING STAFF REPORT . . 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 Page One . . . 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 Page Two . . 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 August 28. 1962 Page Three . . 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. August 28, 1962 Page Four . . 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 Page Five . . 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 Page Six . . 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 Page Seven . . 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 . " 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 A\lgust 28, 1962 Page Eight . . 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 Page Nine . . 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 . . 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 I'age Eleven . . 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