ZA-2018-5055(CU)(WDI) – Universal Preschool

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Address:  11841 W. Burbank Ave.
Case No.  ZA-2018-5055(CU)(WDI)

CURRENT STATUS:  On September 8, 2020, the Office of Zoning Administration conducted a public hearing.  The Zoning Administrator “Left the Record Open” allowing time for Neighborhood Council’s (NC) review and comment.

Noise and traffic/circulation/pickup and dropoff were the primary issues raised during the public hearing. Exhibits were prepared for NC consideration   (See below).

Noise and other issues raised during the public hearing are addressed in Recommended Conditions that were volunteered by the applicant and submitted with the application.

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See Summary Overview (below) for visualization of the proposal that includes:

    • Property

    • Project

    • Request

    • Justification

Summary Overview  – Click Here

Project

The Proposed Project (Project) is a Change of Use from a single-family dwelling to a childcare for 31 children with operating hours of 6:30 am to 6:00 pm, Monday through Friday. Construction includes demolishing a 330 square foot garage, addition of 580 square feet to the rear of the building, and new carport.

The Project includes making street improvements including installing a sidewalk configuration (approximately 58 inches in width) as currently measured along the frontage of 11849 Burbank Avenue and remove and reconstruct any damaged or off-grade asphalt cement pavement, sidewalk, curb and gutter along the property frontage, pursuant to an A-Permit obtained prior to construction.

Request

The Project is  Conditional Use Permit, pursuant to Los Angeles Municipal Code, Section 12.24-W,51, for a change of use from a single-family dwelling to a childcare for 31 children with operating hours of 6:30 am to 6:00 pm, Monday through Friday.  Construction includes demolishing a 330 square foot garage, addition of 580 square feet to the rear of the building, and new carport.

The Project includes a Waiver of Dedication and Improvement to install  a sidewalk configuration (approximately 58 inches in width) as currently measured along the frontage of 11849 Burbank Avenue and remove and reconstruct any damaged or off-grade asphalt cement pavement, sidewalk, curb and gutter along the property frontage, pursuant to an A-Permit obtained prior to construction.

Justification  for Conditional Use Permit

That the project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region.

The benefit of childcare was well stated by Linda Asato, Executive Director of the California Child Care Resource & Referral Network (“Network”) in a November 2015 news release (20 Years Later: Child Care Remains Out of Reach for Working Families in California).  She said, “Preparing California for a prosperous future begins with recognition that our youngest children must get what they need today to become the adults who will strengthen our communities and build our economy.  …  California needs to care about having an adequate supply of affordable and subsidized access to child care, and to ensure that young children and their families are supported when a child’s development matters most.”

The Department of City Planning also realizes a benefit in that “[s]tudies have found that high-quality early childcare and education improves educational achievement among children and contributes to their long-term success. These academic gains are particularly significant for children of low-income families.” [1]/

Los Angeles County Child Care Planning Committee of Los Angeles County data evidences a shortage of childcare spaces in the subject zip code and three adjoining zips.[2]/ Specific to the Project, a waiting list for the adjoining childcare suggests the need for childcare in the immediate area continues to be high.

Upon approval of the CUP, the applicant intends to modify the single-family dwelling by adding 580 square feet to rear part of building, demolish the detached garage, and construct a carport.  The building will include three (3) classrooms totaling 1,500 square feet of space.  The outdoor playing area will be at the rear of the site. Drop off/pickup and parking are all onsite accessed from an existing driveway along the Burbank Boulevard frontage.

The Project provides 1,500 square feet of interior space (i.e., accommodates 43 children) and 2,325 square feet of exterior space (i.e., accommodates 31 children).  Based on State of California licensing standards, the subject property is of adequate size to accommodate the proposed number of children (i.e., interior 35 square feet per child and exterior 75 square feet per child).

There is demand for childcare in the area greater than supply.[3]/ The proposed childcare will cater to families in the surrounding community.  Establishing a childcare at this location will perform a function or provide a service that is essential or beneficial to the community, city or region and to the parents it will serve.

[1]/ Plans for a Healthy Los Angeles, A Health and Wellness Element of the General Plan. March 2015, pg. 100

[2]/ Capacity for Preschool Age Children of Working Families of All Income Levels – 2016

[3]/  County of Los Angeles, Child Care Planning Committee, Capacity and Demand – Family Child Care Homes and Centers for Preschool Children in Working Families of All Income Levels 2016.

That the project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.

The three significant potential impacts of childcare are visual, noise, and traffic. In regards to visual impact, the building will continue to appear as a single-family dwelling and no alternations will occur hampering future conversion to a single-family dwelling, if so desired.

In regards to noise, it is first noted that the existing childcare on the adjoining west property never received a complaint regarding noise.  In both cases, the playground and open space activities are located in the rear yard for the safety of the children.  The ambient sound of the helps conceal the sound of children when they are outdoors. In addition, outdoor activities are limited to only several hours during the day and the facility does not operate on weekends.

In regards to traffic, the Los Angeles Department of Transportation (LADOT) determined a traffic study is not necessary, if the number of children does not exceed 31.  An impact on traffic is associated with drop off/pickup. Originally, the drop-off/pickup was lengthen onto 11849 Burbank Ave to create onsite drop-off/pickup that currently does not exist. This design feature would have greatly improve vehicle circulation and pedestrian safety.  It would have required a Shared Drive affidavit and/or Lot Tie.

However, the applicant was instead instructed by City Staff to file a Conditional Use Permit and Waiver of Dedication and Improvement for the existing childcare resulting in it losing nonconforming rights. This would have created uncertainty from not knowing additional requirements imposed by the decision-maker and by Administrative Regulatory Requirements, whereby jeopardizing continued operation of the existing childcare.

Nevertheless, a less efficient design is proposed with drop off/pickup on site.  Further, LADOT was instrumental in creating a curbside drop-off/pickup reserve area for the exiting childcare, which will also be used for the Project. Lastly, the applicant has designed an operational plan using staff and parent volunteers so to expedite drop-off/pickup.

Nevertheless, a less efficient design is proposed with drop off/pickup on site.  Further, LADOT was instrumental in creating a curbside drop-off/pickup reserve area for the exiting childcare, which will also be used for the Project. Lastly, the applicant has designed an operational plan using staff and parent volunteers so to expedite drop-off/pickup.

In conclusion, the applicant will comply with Large Family Day Care conditions, which are minimum standards for childcare. In addition, the application includes recommended conditions to farther reduce potential impacts.  Therefore, the Project will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety due to its design and conditions imposed on its operation.

Justification  for Waiver of Dedication and Improvement (WDI)

The dedication or improvement is not necessary to meet the City’s mobility needs for the next 20 years based on guidelines the Streets Standards Committee has established.

In regards to this  Finding, its premise is based on the zone and general plan land use.  The proposed use is well below the intended intensity and density for the two properties. Until such time the properties are built out for multiple family residential, the applicant believes the dedication and improvements are not necessary to meet the City’s mobility needs.

Lastly, requiring dedication and improvements to be done now for the proposed preschool does not meet the “rough proportionality” test.  The cost of complying with Mobility Plan 2035 exceeds the “nature and extent” of any potential traffic, parking, or pedestrian impacts the proposed project poses.  Moreover, compliance would be a financial hardship that precludes development of a preschool and eliminates installing the on-site drop-off/pickup on the adjoining legally non-conforming preschool.

 

Planning 101 – Relevant  Land Use and Planning Tools

Property Zone Classification:  RD1.5-1   SEC. 12.09.1. “RD” RESTRICTED DENSITY MULTIPLE DWELLING ZONE.

Los Angeles Municipal Code, Section 12.24-W,51 requires a Conditional Use Permit for, “Child care facilities or nursery schools in the A, RE, RS, R1, RU, RZ, RMP, RW, R2, R3, RAS3, or RD Zones, and in the CM and M Zones when providing care primarily for children of employees of businesses/industries in the vicinity.  (Added by Ord. No. 176,545, Eff. 5/2/05.)

General Plan Designation:  The North Hollywood – Valley Village Community Plan Map designates the subject property for Low Medium II Residential land use.

Background on Conditional Use Permit (Read a comprehensive discussion on Conditional Use Permit)  

Conditional Use Permit (CUP) is a discretionary action for a particular use which is not allowed as a matter of right within the Zone Classification. The discretionary review has singled out types of uses which are essentially desirable, but because of potential impacts are not desirable in every location, in unlimited numbers, or in a location without restrictions tailored to them.

Background on Waiver of Dedication and Improvement

In order to approve a Waiver of Dedication and Improvement application, the decision maker must decide if essential facts are presented in the record. The decision maker may waive, reduce or modify the required dedication or improvement as appropriate after making any of the following findings below based on facts in the record, as set forth in Section 12.37.I.2(b):

  1. The dedication or improvement requirement does not bear a reasonable relationship to any project impact.
  2. The dedication or improvement is not necessary to meet the City’s mobility needs for the next 20 years based on guidelines the Streets Standards Committee has established.
  3. The dedication or improvement requirement is physically impractical.

Background on Findings (Read a comprehensive discussion on  Findings)

Written “Findings of Fact” are required in order to support a decision of the decision making body to approve or deny a discretionary action.  There are  several purposes for making findings including:

(1) providing a framework for making principled decisions, thus enhancing the integrity of the administrative process;

(2) helping make analysis orderly and reducing the likelihood that the agency will randomly leap from evidence to conclusion; and

(3) serving a public relations function by helping to persuade parties that administrative decision-making is careful, reasoned, and equitable. Findings should also justify any conditions which impose fees or other exactions.

Note:  It is the responsibility of an applicant to present Findings to the decision-maker(s)  in the form of Justifications.  The Justifications are in writing (i.e., application and supplemental information) and orally made at the public hearings.

Documents Available for Viewing and Download for ZA-2018-5055(CU)(WDI):

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