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HomeMy WebLinkAbout1381 -. . . PLANNING COMMISSION RESOLUTION 1381 A RESOLUTION CONDITIONALLY GRANTING CONDmONAL USE PERMIT 88-018 TO EXPAND THE EXISTING PRESCHOOL TO INCLUDE THE ADDmONAL CLASSES OF KINDERGARTEN THROUGH EIGHTH GRADE AND TO INCREASE THE ENROLLMENT FROM 48 CHILDREN TO 58 CHILDREN AT 141 LAS TUNAS DRIVE FOR ONE YEAR ONLY. WHEREAS, on June 20, 1988 an application was filed by Holly Oaks Christian School to expand the previously approved preschool to include the additional classes of kindergarten through eighth grade and to increase the enrollment from 48 children to 58 children, Planning Department Case NO. c.u.P. 88-018, on property commonly known as 141 Las Tunas Drive, more particularly described as follows: Lot 30 of Tract 13540 in the Oty of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 277, Pages 11 and 12 of maps in the offices of the County Recorder of said county. WHEREAS, a public hearing was held on July 12, 1988, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFOR, TIIE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: Section 1. That the factual data submitted by the Planning Department in the attached report is true and correct. Section 2. This Commission finds: 1. That the granting of such Conditional Use Permit can be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity if allowed to continue in the future. 2. That the use applied for at the location indicated is a proper use for which a Conditional Use Permit is authorized. 3. That the site is adequate in size for a preschool, however, it is the Commission's opinion that it is too small to adequately accommodate kindergarten through 8th grade students and that such grades in a confined area are not compatible with the adjacent residential uses. Because of the children effected and the need for a transitional period in view of the educational process, the Commission will not deny the Conditional Use Permit at this time but will grant it ~. . . for a specified time only in partial recognition of the actual current, albeit improper, use of the property. 4. That the site.abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment. Section 3. That for the foregoing reasons this Commission conditionally grants a Conditional Use Permit to expand the previously approved preschool to include the additional classes of kindergarten through eighth grade and to increase the enrollment from 48 children to 58 children for one year only upon the following conditions: 1. That this conditional use permit to include kindergarten through 8th grade shall be in effect for one year until September 1, 1989, and said permit shall then revert back to the preschool with an enrollment of 48 students. That as a condition of allowing the conditional use permit until September 1, 1989, the applicant shall, as agreed at the public hearing, sign covenants and agreements as prepared by the Arcadia City Attorney binding himself, the school and any successor(s) in interest to this condition. Consistent with this condition, applicant shall document to the satisfaction of the Arcadia Planning Director, that all students and their guardians or parents are notified. 2. That prior to operation of the kindergarten through eighth grade classes, the applicant shall submit a copy of the "Private School Affidavit". 3. That the garage shall not be utilized for classroom activity until said structure is made into a legal habitable room as per the Building Code requirements and all the required permits are secured from the Building Division. 4. That the number of students shall be limited to 58. 5. That c.u.P. 88-018 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. 6. Noncompliance with the provisions and conditions of this Conditional Use permit shall constitute grounds for the immediate suspension or revocation of said Permit. -2- 1381 '~ . . Section 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of July 12, 1988 and the following vote: AYES: . Commissioners Amato, Clark"Hedlund, Szany NOES: None ABSENT: Commissioner Papay Section 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 26th day of July, 1988 by the following vote: AYES: NOES: ABSENT: Commissioners Amato, None Commissioner Clark ATTEST: ~tllLtmt!ld~ Secretary, Planning Commission City of Arcadia Clark, Hedlund, Szany,Papay Planna~J-- City of Arcadia -3- 1381 . July 12, 1988 TO: ARCADIA CITY PLANNING COMM:ISSION FROM: PLANNING DEPARTMENT DONNA L. BUTLER, SENIOR PLANNER CASE NO.: c.U.P.88-018 SUMMARY This application was filed by Holly Oaks Christian School located at 141 Las Tunas Drive and requests a conditional use permit to expand the previously approved preschool to include the additional classes of kindergarten through eighth grade. The Planning Department is recommending denial based upon the reasons set forth in this report. GENERAL INFORMATION . APPLICANT: Holly Oaks Christian School LOCATION: 141 West Las Tunas Drive REQUEST: Conditional use permit to expand the previously approved preschool to conduct kindergarten through 8th grade classes and increase the enrollment from 48 to 58 students. LOT AREA: 11,758 sq. ft. FRONTAGE: 90.94 feet along Las Tunas Drive EXISTING LAND USE &: ZONING: The site is developed with Holly Oaks Christian School; zoned C-O SURROUNDING LAND USE & ZONING: North: Developed with single-family residential; zoned R-l . c.u.P. 88-018 July 12, 1988 Page 1 . South: East: West: Developed with commercial uses; zoned CoM Developed with single-family residential; zoned CoO Developed with the Wash GENERAL PLAN DESIGNATION: Commercial BACKGROUND In October, 1975, conditional use permit 75-16 was granted allowing a pre- school at 141 West Las Tunas Drive. In May, 1983, conditional use permit 83-9 was approved granting the expansion of the preschool to allow 48 children per session. These conditional use permits were granted to Victoria Zahody. In June/July, 1983, Mrs. Zahody sold the preschool to the current owner, Holly Oaks Christian School. In September, 1983, the operator of Holly Oaks Christian School requested a conditional use permit (CUP 83-16) to conduct church services at this site in addition to the operation of the pre-school. This conditional use permit was . denied by the Planning Commission and the City Council. In June, 1988 it came to the City's attention that Holly Oaks Christian School had expanded and was operating a kindergarten through 6th grade school as well as a preschool on the above premises. We notified the school that the original conditional use permits for the property were for a preschool only and that a new conditional use permit would be required to operate the kindergarten through 6th grade classes. In response to our letter, John Gottuso, Administrator of Holly Oaks Christian School sent us a letter stating that their "public profile had been known since Day-one" and that it was "common knowledge" that they were operating K through sixth grade school. In a third letter dated June 16, 1988, we advised Dr. Gottuso that although he may have assumed it was "common knowledge" that they were operating a K through sixth grade school, the Planning Department was not aware of the expansion and a conditional use permit would be required to continue operation of a K through sixth grade school. This application has been filed as a result of this action. . c.u.P. 88-018 July 12, 1988 Page 2 . PROPOSAL The applicants are requesting a conditional use permit to expand the existing preschool to allow kindergarten through eighth grade classes and to increase the number of students from 48 to 58. The school is currently conducting a preschool and kindergarten through sixth grade classes. The building contains approximately 2,100+ sq. ft., not including the garage which contains approximately 250 sq. ft.. According to a 8 1/2" x 11 "plan (Exhibit B) the Fire Department received from the school, there are six classrooms in the main building and a seventh classroom in the garage. The Fire Inspector during his investigation noted that the garage has been panelled and is currently being utilized for classroom purposes. The original conditional use permit for the preschool approved use of the main building only for classroom purposes. The garage was to be utilized as a storage room. No permits have been issued for the conversion of the garage into a habitable area. There is adequate building area to accommodate 58 children without the use of the garage. If the garage was legally converted into a habitable room, a maximum of seven students would be allowed based upon Fire Department . occupancy standards. The applicant has submitted the attached information (Exhibit A) regarding the number of students and the basic class pattern. It appears that there is a rotating schedule in the morning and afternoon with 48 students per session. There is 4,300 sq. ft. of outdoor play area. In response to a question regarding the number of employees/teachers on staff, the school indicated it depends on the number of children but that there would be a maximum of eight teachers/employees at anyone time. There are four marked parking spaces located along the easterly property line. SPECIAL INFORMA nON Staff contacted the State of California K-12 Nonpublic Schools Unit in Sacramento and they advised that there are no regulations for operating a private school with the exception that all private schools are required to apply for a "Private School Affidavit". This affidavit is kept on me with the State, county and the local public school district as well as a copy is to be kept on file . C.U.P.88-018 July 12, 1988 Page 3 . at the school. The affidavit is renewed yearly. Said affidavit requires approval of the local health inspector and fire department. According to the State, a private school is technically operating illegally without said affidavit. It is a violation of the compulsory attendance regulation; if an affidavit is not on file with the State, the children are not legally exempt from public school attendance. Also, without an affidavit on file a private school is unable to obtain children's records from other schools and when a child transfers from that school to another school there could be problems if the school is not on file as having an affidavit. In checking with the State, L. A. County and the Arcadia School District, their records do not indicate that there has ever been a "Private School Affidavit" filed by Holly Oaks Christian School. ANALYSIS . A school is a permitted use in a C-O zone with an approved conditional use permit. Staff has the concerns regarding expansion of the operation to allow kindergarten through 8th grade classes on the site According to the Chief Building Official, in order to utilize the garage for classrooms, the building must be legally converted into a habitable area which involves insulating both the walls and ceiling, and providing proper light and ventilation to meet the building code requirements. A permit must be obtained for any remodeling done in the building. The Fire Department advised that the garage has been panelled, however, it did not appear that there were any other major improvements made to the structure. Staff is concerned that the outdoor play area, although adequate for preschoolers is not suffident for preschoolers as well as kindergarten through eighth grade students. In contacting the State regarding California State Building Codes for schools, their standards require that a substantial portion of a school site be set aside for playground/PE areas; e.g., a two acre parcel would have 3/1Oth of an acre set aside for buildings, 3/l0th of an acre set aside for parking and the remaining 1.4 acres for PE and playground area (approximately 70% of the site). In discussing this matter the State indicated it is their feeling that it is crudal to have adequate outdoor play area for children. Although these regulations do not apply to a private school, staff does not feel that 4,300 sq. ft. is adequate play area for kindergarten through 8th grade students. . C.U.P.88-018 July 12, 1988 Page 4 . There are four marked parking spaces on the site. U they have the maximum number of staff members on the premises at anyone time (eight) there is not adequate parking for all the employees as well as any parents or visitors who may come to the school. Generally there is more noise associated with grade school children than preschool children. This property abuts single-family residential property on the north, and because the site is so small, the children are concentrated in one play area. For the reasons set forth above, staff feels the site is appropriate for a preschool, however, it is our opinion that the site is too small to adequately accommodate kindergarten through 8th grade students, and that such grades in a confined area are not compatible with the adjacent residential uses. Attached for the Commission's consideration are Exhibit A, Exhibit B, copies of the June 6th letter to the applicant, Dr. Gottuso's letter dated June 13th, and the June 16th letter to the applicant. . Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDA nON The Planning Department recommends denial of C.U.P. 88-018. U the Commission determines that the expansion of the school is appropriate, approval should be subject to the following conditions: 1. That prior to operation of the kindergarten through eighth grade classes, the applicant shall obtain a "Private School Affidavit". A copy of the approved affidavit shall be submitted to the Planning Department. 2. That the garage shall not be utilized for classroom activity until said structure is made into a legal habitable room as per the Building Code . C.U.P. 88-018 July 12, 1988 Page 5 . requirements and all the required permits are secured from the Building Division. 3. That the number of students shall be limited to 58 per session. 4. That C.U.P. 88-018 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. 5. Noncompliance with the provisions and conditions of this Conditional Use permit shall constitute grounds for the immediate suspension or revocation of said Permit. FINDINGS AND MOTIONS Approval . If the Planning Commission intends to take action to approve this project, the Commission should move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and direct staff to prepare the appropriate resolution incorporating the specific findings and conditions of approval set forth in the staff report (or as modified by the Commission). 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'. ,,' 10" '".., , '. ,~ _.. ,. , " I 'i , j I I ,1 .1 ~ ~ lJ 1 Ul . , " ~ ~ . ~ ,. ~ ~~ ,- ! III - J -,. I~ u2 0 1112 lf~ I I. o~ )-- " J" J , !;H ~ - .- 'f4--. :re. -- - :2 - . . . - 'j I I _J . Donna Rutler, This is an approxi~atc count of the infor~ation you requested. . ADDITIONAL n:FOR:1ATION 1. r:unber of students llsing a rotRtina schedule: A.:!. E~::~ Preschool 21 Preschool & Kinderqarten 21 Eler.'lcntary 27 Elenentary 27 Total 48 students 48 students 2. 8asic class pattern: . First Grade 10 Second Grade 6 Third Grade 4 Fourth Grade 2 Fifth Grade 1 Sixth Grade 2 Seve:.th Grade 1 3. We cluster the following grade levels: (3 rd -4 th) (5th-6th) (7th-8th) . EXHIBIT "A" Ne wtE S ~ H t>l H o-i L.A. FLOOD CONTROL (WASH) ,,; \'/ ASH Sidewalk. <. ~ ~ I \ 'J - - ! /O.5'x-IIP.'5 ' PLAY YARD -,}- I I -;> -~. L 0 V E ItJ,,',<1S' Rm. -"'f - - 3rd GRADE 2nd GRADE J73.L$" , - <- -- F A o q 'tjr. 75- 71 ie, .".~ _ )./. 7 S __. 11--<(' -;-;. r) ,"{oj'. t...';) I T H Rm. Preschool CQ~ - - ~- - ". "-" { I I I t i l I - ". Bat rms ... f;;f ,,\ '" . -.~ ., ~ .r '.1 rb! , \ I I -r7 I I ~ IIH ',,1.51/ . - " L 0 -t-V E ~th GRADE t?, '100. 5'1 .:, ,,' (:. .~ 7 '. -=.. ( . 1/ :. PLAY HOUSE - - -- .-.::l_ 'os;. lOb]' Rm.i'- 5/6GRad r(;. . -/ n. .0'( ::".- - --,.,. , '"'' 7. ':: f. ". ;:i / HOP E Rm. Kindergarten Office , I Y PARKING S H RUB B E R Y Sidewalk - Bathrm. \ LARGE CLIMBER ............. - " - -:>............. BLACK TOP /7.)' X ''i.]) r;J.st Grade , , _. JOY RM. "? _ , , \ \ \ \ \ , I __ '{t \ I G "i" T E //-////{ // / ,( /. ~;;; ~ 'L SO / ?:r- , I I I { J __..". ....- - Supply LOT ./- - - - '\ 1 I .... BUS liES . . . ~r/<~ ROGER CHANDLER MA VOR PRO TEMPORE. 240 West Huntington Drive Arcadia. California 91006-3104 (818) 574-5400 CHARLES E. GILS DENNIS A. LOJESKI MARY YOUNG COl:selL .\1EMBERS GEORGE]. WATTS CITY MANAGER ROBERT C. HARBICHT MAYOR JUNE ALFORD CITY CLERK June 16, 1988 John Gottuso, Ph.D. Holly Oaks Christian School 141 West Las Tunas Drive Arcadia, CA 91006 SUBJECT: C.U,P.83-9 Dear Mr. Gottuso: In regards to your letter dated June 13th, there are several statements in your letter which are inaccurate. Your letter is incorrect in stating that your "public profile has been known since Day-One". As you will note in the attached staff report for C.U.P. 83-16 relating to the church we referred to the school as a "pre-school". The Fire Department inspects businesses for fire violations, not zoning violations and unless they have sufficient knowledge about the conditional use permit, they would not know if you were in violation of zoning restrictions. As a matter of information this came to our intention through inquiries by persons who were interested in an application you had pending in another jurisdiction. These persons were under the understanding that your operation in Arcadia was for an approved K through sixth grade school as well as a pre-school. It is very clear in the original conditional use permits (C.U.P. 75.16 and C.U.P. 83-9) that the use is strictly for a "pre-school". Although you may have assumed it was "common knowledge", our department was not aware of the expansion which is not in conformance with the previously approved conditional use permit, until it was brought to our attention. In order to make the K through 6th grade school a legal activity, a new conditional use permit will be required. Until a new conditional use permit is approved, continued operation of anything other than a pre-school on the premises is a violation of the code and must be discontinued. . John Gottuso June 16, 1988 Page 2 Your prompt action in resolving this problem is required, Please advise our department by June 27,1988 as to resolution of this matter. Yours truly, ; , , ';0; i vL :,' I. L-<;/ . t~ / F/' .1 , !, ... /.- j''-u.l~t,,~l./. {I./_ 'J1 ' William D. Woolard Director of Planning cc: Mike Miller, City Attorney . . ~ SEPTEMBER 13, 19B3 TO: ARCADIA CITY PLANNING COMMISSION PLANNING OEPARTMENT FROM: CASE NO.: PREPARED BY: C.U.P. 83-16 DONNA L. BIJTLER ASSOCIATE PLANNER GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: Parkview Christian Church 141 West Las Tunas Drive Conditional use permit to operate a church and church related activities in addition to the existing preschool. . LOT AREA: FRONTAGE: EXISTING LAND USE 1\ ZONING: SURROUNDING LAND USE 1\ ZONING: 11,758 square feet (.26 acres) 90.94 feet along Las Tunas Drive The site is developed with a preschool; zoned C-O North: South: Single-family dwellings; zoned R-l Mixed commercial and industrial uses; zoned C-M Single-family dwellings; zoned C-O Arcadia Wash and single-family dwellings; zoned R-l East: West: GENERAL PLAN DE SIGNA TI ON: Commerci al HISTORY The existing structure was built in 1946 (house and garage). In 1957 the property was rezoned to C-O 1\ 0 and in 1965 changed to CoO. The house was converted to an office use in 1971 and on October 14, 1975, the Planning Commission approved C.U.P. 75-16 for a preschool on the subject site. In May of 1983 the Planning Commission granted C.U.P. 83-9 increasing the enrollment of the preschool to 48 children and extending the business hours to 7:00 a.m. . to 6:00 p.m. Monday through Friday. PROPOSAL ~ Parkview Christian Church recently acquired the property and is at present operating the preschool. They are requesting a conditional use permit to expand the activities on the site to include a church and church-related activities. According to the appl icant, Or. Guttuso, pastor for the church, there will be two church services on Sunday; one morning service at either 9:00 A.M. or 10:00 a.m. and one evening service from 6:00 p.m. to 9:30 p.m. or 10:00 p.m, They will also have Bible studies and prayer meetings Tuesday and Thursday ni9hts or Wednesdays and Thursday nights from 7:30 p.m. to 10:00 p.m. Or. Gottuso has advised staff that the maximum congregation size will be 50 persons. . They are also proposing to convert the existing garage/storage room on the east side of the preschool into two offices which will be used during the day, Parking There are currently four marked parking spaces adjacent to the easterly property line and two marked spaces adjacent to the landscape buffer along Las Tunas Drive (a total of 6 spaces). The plans also indicate parking in the paved play area behind the garage/office building. In order to get to this area you have to cross over the four existing parking spaces and go through the gate located between the garage and the easterly property line. Also, this area is currently occupied with playground equipment which would have to be moved. The applicant has obtained permission from Joe Dana, operator of the Pet and Jungle shop located at 124 Las Tunas Drive, to utilize the parking lot for "their overflow parking needs both week nights and Sundays". Mr. Dana, however, is not the property owner, but only the operator of Pet & Jungle. Dr. Guttuso has also received a letter from Mario Tse, son of the property owner of the MarketTowne property. It is noted in Mr. Tse's letter that the general parking area to be used on his site is bordered on the east by the Muffler Shop, the south by Live Oak Avenue and on the north by the flower shop - this area fronts Live Oak Avenue (see attached aerial). Code states that when required parking areas are located on a separate lot from the main building or land use there "shall be recorded in the office of the County Recorder a covenant in the form approved by the City Attorney that such owner or owners will continue to maintain such parking space as long as said building or land use is maintained. Mi sce1l aneous Information The Fire Department has reviewed the requested conditional use permit and has advised staff that additional outside exits will be required fn the "Worship Hall" and "Fellowship Hall". According to Jim Bateson, Fire Inspector, a . C.U.P. 83-16 9/13/83 Page 2 . maximum occupancy of 180 persons would normally be allowed in a building of this size (both rooms); however, he has advised staff that based on this type of structure he would recommend a maximum of 50 persons. ANALYSIS Churches are a permittted use in all zones with an approved conditional use permit. The City does not have any specific parking requirements for places of assembly and churches. . One of staff's main concerns regarding the use of this site for a church is the limited number of on-site parking spaces. There are only six legal on-site parking spaces. The area indicated on the plans as "parking area" located in the back yard area does not comply with any of the City's parking requirements, i.e. stall size, turn-around, etc. In addition access is not available without moving the four cars parked adjacent to the east property line. Although the applicant has submitted letters from Pet & Jungle and MarketTowne for use of their lots and portions of the lots for parking, staff is concerned with the distance of these parking areas to the subject property. Las Tunas Drive is denoted as a "major arterial" on the General Plan and is a four-lane roadway with an approximate 70' width of paved area. There is a crosswalk located at MarketTowne, however, it is doubtful that persons parking at Pet and Jungle would utilize said crosswalk (see attached aerial). It is staff's opinion that there is not adequate on-site parking to accommodate said use and that the location of the additional parking presented by the applicant creates a potential safety problem for persons parking in this area and having to cross a major arterial to go to the church with only limited protection of a crosswalk. Also, there is no assurance that these parking areas will always be available to the ch urch. Staff feels that the proposed church is too intensive a use for this site and cannot recomemnd approval of this conditional use permit. The site as it exists is not designed for church-type activities. Attached is a letter from Mr. and Mrs. Zahody in favor of the requested conditional use permft. Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any ,of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. . C.U.P. 83-16 9/13/83 Page 3 RECOMMENOATION . Because of the inadequate parking and the intensity of the use, the Planning Department recommends denial of C.U.P. B3-16. However, if the Planning Commission determines that this is an appropriate use of the property, the Planning Department would recommend the following conditions of approval: 1. That the maximum occupancy at anyone time shall not exceed 50 persons. 2. That the required exits shall be installed and that all Fire Safety requirements shall be complied with to the satisfaction of the Fire Department. 3, That a covenant in a form and content approved by the City Attorney shall be recorded noting that such owner or owners of the property at 120-126 Las Tunas Drive and 150 Las Tunas Drive will continue to maintain their parking area for said use of the church as long as the church is maintained. 4. That the church shall not operate until all conditions of approval have been complied with. 5. That C.U.P. 83-16 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. . . C.U.P. 83-16 9/13/83 Page 4 2 . . . BOLLY (\.KS CHRrSTlAr- SCHOOL 141 Wnt La Tuna Drift. Arlllldl.. CA 81D06 18181 445-4619 June 13, 1988 R~ce'\I EO JUN 14 7988 CllY Ofr Ai Pt..ANNI"- "<:~Dt", '-Ot~. Ms. Do"na L. Butler senior Planner City Of Arcadia 240 West Huntington Drive Arcadie, CA 91006-3104 SUBJEC'l': C.O.P. 83-9 Dear Donna: In your letter dated June 6, 1988, paragraph 2, you state, "It has come to our attention.... which seems to imply that you were unaware of the operation of our school prior to this time. May I give you a quick historical update: 1. At the time of purchase, both the owner and the realtor knew we had purchased this facility and business, to expand it to include the qperat~on of a school -- and both said it was appropriately zoned for that, but would require filing an application for a C.O.P. for .churchusage". 'Which we did. At that time, had we known it was necessary, we would have applied for a C.U.P. for operation as an elementary school as well. 2. During the pursuit of said C.O.P. (which the Council first approved, and then, because of .parking., reversed itself--which, per our attorney's cOllllllunication to Mr. Miller, was contrary to leqal precedent). It was CQIIIIIlOn knowledge ttol!lt we were running a school and not merely a pre-school. When we originally applied, 1 talked to you in the planning department, and you and I sketched out different ways to get adequate parking to meet staff requirements, which we concluded was a minimum of nine spaces. Transcripts of the Planning Oammission meeting and the City COuncil meeting make reference to the operation of the school. At no time did we "hide" tbis fact. Transcripts will 8180 clarify that .intensity. was the big concern. We clearly end openly expressed what we were doing, to the extent of giving you the breakdown of student/teacher ratios. TRAIliNG THE WHOlE PERSON FOR A LIFE OF ElICElUNCE . . . Donna L. Butler June 13, 1988 Page 2 3. When we first began, the Star-News ran an article about the school and our program here. 4. We have continuously run ads in the two local telephone directories showing the full scope of our program here. s. We have run support ads in the Arcadia Police, Fire, and Junior Chamber of Commerce magazines reflecting the full program. 6. For the last five. years, your Fire Inspector and Health Inspectors have given us clean ratings, and have us recorded as Holly Oaks School and have known the program. . 7. Each year, the reports to the Arcadia School Board requiring student counts, have ~~llected UUL status pbL grau~. 8. All of our field trips including Police Department, Fire.Department, and Library, on premises and off, have been with full awareness of our school structure. 9. All of your correspondence has been addressed to Holly Oaks Christian SchOOl, (not pre-school), even this last communication. I could go on, but surely, this is ample demonstration that our public profile has been known since Day-Dne -- to the community-at-large, to your office, to the City departments, as well as to the Board of Education, other schools, and to the scores of parents whose children we have faithfully served for the last five years. Our entire participation has been excellent -- and it has been public. There- fore, I can only surmise that there must be some other reason (without even a word of notice) behind this sudden action. The school's operation has certainly been common knowledge, and never did we even consider that we'were operating outside the parameters of the C.O.P. We, therefore, need clarification and relief, and at least some good-faith-negotiations and understanding in this matter. Respectfully yours, ~~ ,iJ. JG/js . . . ~~~ ROGER CHANDLER M....YOR PRO fE.\IPORE 240 West Humington Drive Arcadia. Calilornia 91006.3104 (818) 574,5400 CHARLES E. GILB DENNIS A. LOlESK! MARY YOl::-;G COUNCIL .\fE~f8ERS GEORGE], WAITS em MANAGER ROBERT C. HARBICHT MAYOR lUNE ALFORD CITY CL ER K June 6. 1988 Holly Oaks Christian School 141 Las Tunas Drive Arcadia. CA 91006 SUBJECf: C.U.P. 83-9 Gentlemen: In 1975. Conditional Use Permit 75-16 was granted to allow the operation of a ~re-school at 141 Las Tunas Drive. In May. 1983. C.U,P. 83-9 was approved granting the expansion of the pre-school at 141 West Las Tunas Drive to allow 48 children per session. It has come to our attention that you are operating a kindergarten through 6th grade as well as a pre-school at the above premises. The conditional use permit is for a pre-school onlv. Operation of a grade school on the premises is In violation of the approved conditional use permit. Operation of the kindergarten through sixth grade classes must be discontinued Immediatelv. In order to allow kindergarten through sixth grade classes you will have to apply for a new conditional use permit. An Inspection of the premises will be conducted the week of June 20th, 1988 to Insure compliance. If you have any questions you may contact me at (818) 574-5423. ;;T~~ (~But1er t-- Senior Planner . . . File No. CUP 88-,) 18 CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION CITY OP ARCADIA, CALIFORNIA A. Description of project: A conditional use permit to increase the enrollment of the school from 48 to 58 students. 8. Location of project: 141 w. Las Tuna~ C. Name of applicant or sponsor: Holly Oaks Christian School D. Pindinq: This project will have no siqnificant effect upon the environment within the meaninq of the California Environmental Quality Act of 1970 for the reasons set forth in the attached Initial Study. B. Mitiqation measures, if any, included in the project to avoid potentially siqnificant effects: Date: 6/20/88 Date Posted: Title . . . File No. CUP 88-018 ENVIRONMENTAL CHECKLIST FORM A. BACKGROUND 1. Name of Proponent 2. Address and Phone Number of Proponent Holly Oaks Christian School 141 W. Las Tunas Dr. Arcadia. CA 91006 B, ENVIRONMENTAL IMPACTS (Explanations of all .yes" and "maybe" answers are required on attached sheets.) 1. e..r!,'" ItlU el\& PIl'~a1 ""aU; UlI .. Un,,::&bh .art.h <:on41u~ or UI cn.&tl'il..lnq_109,\.,.~tr\lCtu.r..P b. Dl.npUOM, dhpla.,_aU. _ p.ct.1C1t1 In QVflrCowu'llt9 of th. &(11) c. Cb.nq& in topoJupll.y Or 9~wtdI Autt"C' ...11.' f..tlll'..1 !!! ~..!!2.. ,/ ,/ /' d. Trill d...truction. COWUn'i or .a.uUe.UGn of otny unlqu. 9.o1091e orFI'Iy.lcal h.tlU'..l &, Any \nl:'...... U"UM at ....t.r nOlI ion of 10111. either on all' oU th. dt" f. CtloUl'll.. In ,Utatlon, d.ptluUon or .ro4!iQll ..Mdt_y lIOd.ify dl" e".,,".l ot.. riv.1I' or n....... L ../ ,/ 9. E.pOO".... of PlOp". Or pn>p."ty to 9"ol09leh..ud. ....dI...ut..llq....... i"nddid... .udIUdu. 9rollM t.11ur., or.1a11u lIaural L 2. ill. 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IJlcJ.lI4109 ~tll.', fUh aM .h.Ufhb. beat;Mel 01'll....1_. inaec:u oe -.J.=ol'~11 b. bduCl't.1on of t!I. nll:llbtn of .any Wllqu-.. cUt or ~1"td apacJ... 01 uiNa1 c. l11t.roduC'tlcm of n.. .peel.. ot' uJ.aalt 1_ u acl.. ell' n.v.lt 10 .ba.rrl'etotha_ge.t.l"'oe~ _tot~u? d. Dlltado,..-t.J._ to _l.Unf wUeS1U, tlalIlttt1 ,. .01.1.. .Ul t.Il. prapoa.l n.u.l.t 1ft1 .0 IDC1'...... in aaJ..Ull9 IIOla. l...ltl b. a:.rpo.ure of ,.op'l.. t.o ...an DOl.' 1...1tIl 1. :~S:e. ~.21~Dt :~l;~~lPnpcMl.l '0 Lal\4 a... 1111t t;M Pl:'1lpCMIt1 ~a.1t III ~ut1 .1t.rnJ.tID of tJwI pn."Dt 01' pla11DecS 1&114 uta of _ -.n.l t. =::lLa~'ClUC". triU u.. pftlPO'&l. .. IJlcr.... In t.ht rau llf!,lll, of t.II1 ....t_.l r..olU'e..? b. !Illbnutu,a1 depl~l_ of any lMIftrta_alI1.ft.llt_e1n.0UZ'r:.1 ...!::" l/" ,/ . v v .' -'4' V' / v V' v ;:/ . . . IlUkotUINat. Oo..th.p~a1 U_1W .. "UIl 01 loa alqlloa.lon OJ' tAe ut.... 01 11.....4_10 .liIb.tan~. (l1\e!t.llUrl9. but no'l: U.Hed to. 011. ,..Uc....... eh",lcab 01' "14I.u.t.oal Jon t'" ''''Ilt 01 iUl '~1"'nt Ot lII'..tClOnd.lt1~l 11. ::"~~:-;~.W~~~t~..=~~:~n:t~;~ OI"l:~hl'n.ottl'l'h_~l.- UOIlot.na....' 10. u. ::::~i:~ h:~~tll~~' o~~:; :'hCt d_nd tOt ddlUonal P1QU11hql ~ D. 'tun,POrtu.lon!Clrcll1.auo'l. !flll UI. pcopoal'" ....un Uti .. ~n.rnlClf\ or IUbu.uU.l.l Iod41- UQtI.l vl1\\clll." 110_""1:1 b. au.cuO" '''UUn, P&&"1I11\9 hdll.u.. 01' ~an4 tor uw pultltl91 c. S,",UotJltla1 ll1p'~ \&poll ."lnlf'19 tnnlpol'Ution 1'(lt_1 4. Alt.auu,OIl' to pn..nt "atum_ at cU'<nIbU,on 01' ..,.,_"t of p.oph ano1/oI'9OOCl., " l\.ltl..IUOftI to ....t.rborn.. tail llI' aU tnfUc7 t. Incl'.... in trdtlc ",.ara to _tor ....fol1el... blC'J'cUu" 01' p.d.,U1.u1 u, ~":;1:" S::;;.,~~~1~J: ~:.~~'; MflI tor n.. 01' dtan4 ,_~nul "",1~' 1ft oy ot tl'l. I"U_lIl9 &...u' .. 'h. proucUOlll b. '011_ prouc:t.10ftl c. lIcf1ooU1 d. '&I'D", otM.. non.t.J.-.l 1..:1UU.., .. ..1at_ 01 "IlbUc hq.U1- U... blllll1dlDf~' t. 0tM.. ._~t..l .."111_' 15. !!!.!.!JX. WUl e"" 'I'opo..l r"lIlt 1ns ..O..ol'llb.tatlUal_lmuot f...1oz.n,lI:lIY' b. ....e...t1al lnon.... ln .sa..nd upon 'l!.ln.1n'il 110\1"" of ""rvy. or reqll.u, tll. d...los-nt. (It a. .0W'0" 01 .1l.IVY? n. llUUt1... v111 tlI. pl'opo.al ....lIlt ~ for..... .yn_. 01' .~.t...ti.l&lt.r.t1o"', tou. fo1~- lo!lvllU,hU... &. .__.. on n.e'u..1 V'" b.C~1c.t..I.OIlI.ylt_' c. W.t..., d. I_r or ..ptic taAU' .. St.u.v.t.rd:ulll"'l" t. saUd vue. and M.peI"U u, R-.n lI.aleh. Vl11 the pJ:'OpCa&1 I'UII.lC UIO a. ~"'U- 'lit ...., ""'ltb h.llo.n ~ potWlU.1 I\.alt.fl b...ard lucl1Mlilnt MnUlll\.dtl'l11 II. b;Oe\ln 01 ,..opl. to pot_tl.d lleaJtIl halU'dlll Date 6/20/88 m!!ill!.!!2.. e:. 1:. v v ./ ,/ c/ L / JC: v ..../{". .7 L ,/ ;:/ .k / L ,/ ..L" .L .L v / .J<:. -Y n, ~tIl.t1~. Ifill tII, p~&1 u.\I1t !!! ~ .!9. 1I'ltn.oon......cUo.Ilol...y.c.nic ..1Ie.0J'YlwCpolntotJI.p@l1e. " ...Hl tlI. ,roposal n'lIlt ill Ul. enatio" 01 &I, _th.tlcally oU.nal.,. y ut.openeopllb1icYl.., u. a-="UDft. 11111 tII. propoe.l r....lt In &II l"".ct. l,lpOft tI\.qua.l1t)' 01' 'l"1IU1htyof.d.t.in., 1'~I'..tton&1 opport\lllltl.., - lO. :=;~V~::~~:l~~O~C:~e.r:~:;n ":~ ,uvn.l.t1c:&IIt uc/l....,le<;lcdor hlnodcalllu, .tt1.lct\l.... ODJ.C1. orb1l11d..tn97 ..L H. ~~~ ~;n~:J:c~f n:~:~~~C::~t1al to deo;uda t.1\. q~"Uty ot tlla .nYlr_nt, 1\ltlItUldaUy l~lIc:at.l'l.l\aJllutot. fl.n or ",UdUh .peet.., C.WI. a l1all or...11d11f. t'OPIlUtlOlllO dnlP "1011 ..!f-.Wlt&1n1n91.....1I,thr..l_to .U.ln.t..plantOral'l1..!_It)l' rad.\ICWo 't!Ian_.~ Or nltrlet u.. ran.,. at . r.t. ar'"d.an.,.n.c1 pl.At 01' .11..-1 or IlUll....UP lllpll't&llt. 'UIIfIl.. of tII. "'01' petlO<5a of C.Utonlla ILUtoty ,/ or pl"hUt.OZY~ b. ~ tb. ;'I'oj_ct b..... tn. pot_Uel to .ebh"" .llort-ur.. to trI. dh.ctYanu... .. lOl\rte... ""ll'~Ul pd.l (A .nort-t.',",illlP&Ctont.ll..n"l~t h one vhiclI o=ur. in . ...l.tl....l' bUd. def1n1U.... Plll'1oc1 of tt_wtll1.11 101\9-1...... 111P1C1.. _11.1 .ndur. ....U into . th""!'\I."'.l c. Dou th, pro).ct 1\..... 1.'CU vh1Ch U' UdJ,Ytchl.Uy Ualt.e4, bile c......huYely COB.l.c1er&lller fA 'n11'-~ -r ll1p&C't. 011 _ 0.. _re ,'plt.te AlCNra' wtl.llre t.l\. l~ct OB eldl n,ollll:C& .1.1 ....Inl-...l)' ...11. bllt .hoen / t.II..ff.:t.ottb.tIIt.aJ.oft.J\o&.~ on tJI. -",Yll'_t 11 .1f1titlcut.1 d. Does tII. 'n1'oaet. 1\.&... sAY1.ronaental / ellMlU vlI.1c:b "'111 Cia..... .ubet_U.l '~re..tt_~OIlI\_lt&lD'iI', .ltJlSl' 41t-ectly or il'ldJ,uctlr7 0, IlUCUUI':' or DVl-.aarTAL avJU.aATr,.- Il. IlSTSlIlIlIATrClll (to be c!=-pl.11tad lIy UlI l.I.4 A'ifuqo) Oft the )""1' of UU.' ln1t1.! .yu....UOJl, D'ft~;:: :. J.":::O:=:~t':~.=T~:'W ~::,caat ..1.11 be prepu-M. C I nod th.1I: &1tbOll'Jb tit. Prgpcl.lled pro'Kt _ld h." . '1ffL1tlcMt eltaC1. on. the '"Y1~t., Ul.n viU not be .. al;nUlout .nICe 1n tala C1U. bee,.'- I:I\lI UU,.U.. _..1It&I ds.erlbeid em ... att&Ctle4 ."-t b.... ~ ..... to tIl. projec:t. A lttGA'ftVl fIIC:l.AIlATZOII VIU. II 'ItDUInl. C 1 t.l.nd the ptopoeed ,ro''''''t. MY ba... . e1~f1c..t .U1tOt. on tlI. 11I..1"-"11:. &illS u DYI"""AL IlOACT aftIII1' 11 1'.1...d. .(Signa lire) -2- . ENVIRONMENTAL CHECKLIST FORM CUP 88-018 6a, Noise, Grade school children generate more noise and are louder than preschool children, It is anticipated that the noise is greater, however, the noise increase is not considered to be significant enough to require an environmental impact report. 13b, Parking, Effects on existing parking facilities or demand for new parking, There are only four parking spaces on the site, If the maximum number of teachers are on the site at one time (8) or if there are any visitors or parents which come to the site there will not be adequate on-site parking. . . rUe No. Tf r . ." '.' . !....t.,- . ENVIRONMENTAL INFORMATION FORM A, Applicant's Nam.. HOLLY OAKS CHRISTIAN SCHOOL A44res.. 141 W. Las Tunas Drive, Arcadia, CA 91006 I. Property Address (locAtion): Same C, General Plan Deeiqnation: Commercial (School) 0, Zone Cl...itieation: C.O. E. Propoaed Use (StAte exactly wbat use is intended tor the property, i.e.. type., aeth1,tiea. SlllploY"'llntl: Christian school program. Elementary--K thru 8 fPTQOn~p increase from 48 to SA student<=; 11~i.nt'J J:.nnpy) . r SqllA%'e rOOt.&ge ot 5i te: Approximately 12,000 sq. ft. G. Square rootaqe ot ExisUnq Build1nqs: 1. To Relllllin. 2300 sq. ft. 2. '1'0 Be ReIloftd: -0- R. Squze roota.... ot New lulld1nqs. -o- r. Squze Foote...e ot 1u11cSinqs to be Used tor: 1. c-rd1a1 Act1v1Ues: 2300 sq. ft. 2. IJId_tdal Aet1v1Ue. : NA J. Re81dential Aet1 v.i Ues. NA Nllllber ot un1te. NA on a .eparate .heet, describe the tollowinq: 1. The env1~ntal settinq ot the project dts .. it ex1.ste. . 2. '1'ha propoeed alterations to the project site. J. The use and develoPlllllnt ot the surroundinq propert1... -1- . J. (1) Commercial (2) None (3) None . . property; lot contains two buildings (school, annex) . 1IIlv1~lItal Information Fol'lll It. Oleck the appropriate anaven to the tollowing qu..tiona, 1. Mill the propoaed project result in a substantial alteration ot ground conto\l1"ll and/or altuat10n ot sxhting drainage PlIttern ? 2. Mill the proposed project result in a change in qroundwater quality and/or quantity? 3. Mill the proposed project result in an incre..e in noi.e, v1Drati=. dUllt, dirt, slICke, f_a, odor or solid ",asta? 4. Mill the proposad projsct reault in the use or di.posal of potentially hazardous materiala? 5. Ifill the prapoaed project reau.1t in a aubatantial incn..e in duIuld tor lIUIIicipal .ervicea and/or enerqy cona~iOl\I !lIIllain in deta.l.l any "YES" an_enl to the abow queationa on ad41t1011&l lIh..te. L. Prov1"- any adlUt10nal informat1on vlI1ch vou.1d elaborate on the potential env1~ntal conaeq\lllncea reaultant frClll the propoaed project. NONE . M. CI~t1cation I I herel:ly certify that the stat_nte fumhlled aboYe and in the attached axh1ll1te preaent the data and information requ1red for thh in11::1&1 evalllati.on to the beat of my aDility, and that the tacta. aUee.nte and 1nforMtiOll preeented are t~ and correct to the beet of my knowled9'l and beliaf. Date. July lB. 19BB ,$;(... ~'~L?V'!'k4</ fqnat~e of cant I OLLY OAKS CHRISTIAN SCHOOL (Dr. John Gattuso) . -2-