El Camino Real Charter High School – Shoup Ave.

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Case No.:   CPC 2019-4086(CU)(ZV)
Address:  7401 N. Shoup Avenue, 91307

Case Processing Status:  On March 28, 2024, the City Planning Commission will hold a public meeting to consider staff’s recommendations.   (Public Notice)

Community Outreach:   Letters were mailed to addresses within 500 feet of the subject site announcing the West Hills Zoning and Planning Committee Meeting. (Read Letter)

  • West Hills Zoning and Planning Committee Meeting Monday, July 9,  2019   (500-foot mail notice)
  • West Hills Zoning and Planning Committee Meeting Monday, December 9, 2019 (Abutting properties mail notice)
  • West Hills Zoning and Planning Committee Meeting Monday, February 11, 2020  (No notice except on NC’s website) 
  • West Hills Neighborhood Council, March 5, 2020 (No notice accept on the NC’s website )  APPROVED WITH RECOMMENDATION TO MODIFY SEVERAL CONDITIONS)
  • Read West Hills Neighborhood Council’s Letter to Department of City Planning

Note:  No one attended the meetings regarding the Project and no written testimony was submitted)


BACKGROUND

Formally known as El Camino Real High School, opened on February 3, 1969. It served grades 10-12 and opened to ninth graders in the mid-eighties. In 2011, El Camino became an Independent Conversion Charter High School. Until recently, the El Camino Real Charter High School Independent Study Program was located at 5440 Valley Circle, Woodland Hills.

El Camino Real Charter High School’s Independent Study Program (ISP) educates students unable to attend school in a traditional five-day-a-week format. It is designed for students with special interests and abilities, scheduling problems, or individual needs that cannot be accommodated in the traditional school setting. All courses are offered via direct, teacher-led instruction with an online component, with highly qualified educators overseeing student progress. Students registered in the ISP school program attend the school campus to meet with their teachers one day per week, generally for 1-3 hours. The rest of a students’ school week is spent at home, engaged in independent learning and study. Students must meet all independent study eligibility requirements because the program offers rigorous and challenging courses.

The primary purpose of Independent Study is to offer a means of individualizing students’ educational programs whose needs are better met through study outside of the regular classroom setting.

On September 22, 2016, the Los Angeles City Planning Commission approved Case No. CPC-2016-1256-(CU) permitting the subject Property to be used as a public charter school for an Independent Study Program (ISP).  This allowed El Camino Real Charter School Independent Study Program to move from 5440 Valley Circle, Woodland Hills, El Camino Real High School.

PROPERTY  (See ZIMAS for Detail)

The property is located at 7401 Shoup Avenue and is legally prescribed as Lot 1, Tract 29454. The site is zoned A1-1 with Low Residential Community Plan designation.

The property is a level, rectangular-shaped, corner/through, record lot, consisting of approximately 1.84 acres, having frontage on Shoup Avenue with an approximate depth of 300 feet.

Improvements include the following: Building. A school building was first constructed in 1950 and expanded in 1964 to its present size. The property’s one-story building is approximately 15,025 square feet. The building currently consisted of nine classrooms, a multipurpose room with no fixed seating, and a meeting room.

Parking: The property includes parking on a flat, striped surface lot marked for 69 parking spaces, as required by Case No. CPC-2016-1256(CU). The lot has room for 10-15 unstriped overflow cars and includes an onsite drop-off and pickup area.

PROJECT

After approval of Case No. CPC 2016-1256(CU), management changed at El Camino Real Charter High School and an audit determined several conditions in Case No. CPC 2016-1256-(CU) hindered the viability of operating at the proposed location on Shoup Avenue.  El Camino Real Charter High is requesting to modify the conditions of Case No. CPC 2016-1256(CU).

There is no increase in the square footage of the building, reduction of required parking, or decrease in landscape from that approved in Case No. CPC 2016-1256(C

REQUESTS

El Camino ISP is requesting to modify several conditions of Case No. CPC 2016-1256(CU), pursuant to Section 12.24-U,24 of the Los Angeles Municipal Code.  See below regarding requested modifications and justifications. 

The second request includes a Variance, pursuant to Section 12.27 of the Los Angeles Municipal Code, for two signs that exceed 20 square feet; otherwise prohibited by Section 12.21-A,7(g) of the Los Angeles Municipal Code.  See below regarding justifications.

PROPOSED MODIFICATIONS TO THE CONDITIONS OF CPC 2016-2016-1256(CU)

(Strikeout is old / Underline is new)

Condition No. 3:  Property Use

Property Use. The use of the subject property shall be limited to a school in substantial compliance with the herein conditions. , grades Kindergarten through 12, with a maximum enrollment of 400 students and 50 students onsite at one time.

Justification for Modification:  “Property Use” condition was historically meant to formally state the authorized use(s) as cited in the Grant Clause.  Condition modified where Grant Clause identifies the use.

Kindergarten was not and is not a proposed use.

Lastly, a restriction on enrollment is not related to “Use of Land”.  Regulating use of land is a legitimate governmental purpose.  However, regulating enrollment is a business matter.  For example, El Camino Real Charter School should be able to modify its operation by enrolling more than 400 students in a distance-learning program conducted online; whereby, not resulting in any increase in the number of students onsite.

Refer to Condition No. 12 in regard to the number of students on campus at any one time and throughout the day.

Condition No. 5:  Hours of Operation Student/Faculty/Administration Use

Hours of Operation. Hours of operation instruction in the Independent Study Program (“ISP”) and other educational programs shall be limited to 8 a.m. until 5 3:30 p.m. except that t To prepare for the students, faculty and staff shall be permitted to arrive at 7:00 am and to depart at 6 5:30 p.m. Hours of instruction are limited to 8:30 a.m. until 3 p.m. Days of operation are limited to Monday through Friday.

Afterschool activities such as club meetings shall be permitted from 3:30 pm until 7:00 pm Monday through Friday.

During certain evenings, weekends and summer dates, the facility may be available on a restricted basis to faculty, staff, and student groups from of El Camino on an as need basis to meet or hold training sessions (i.e., professional development and leadership meetings).  ISP instruction and education programs shall not occur during the school’s summer break except small group learning sessions related to technology and testing procedures.

 Justification for Modification: The condition is intended to govern hours of instructional/educational programs and afterschool activities. The intent is that hours of instruction/educational programs and afterschool activities should not overlap with Special Events (i.e., Condition No. 6) in order to reduce the intensity of use of the site at any one time.

Special Events hours are governed by Condition No. 6 and use of the campus by the Certified Neighborhood Council is mentioned in Condition No. 20.

Condition No 6: Special Events (Also, refer to Case No. CPC 2016-1256(CU), Condition No. 20)

Special Events. Not more than 12 Special Events per year five (5) Special Events per month are authorized.  Special events are activities involving parents and/or other visitors where more than 50 vehicles are anticipated at one time. School administrative board meetings and parent/teacher meetings are excluded from the definition of Special Events.

Special Events hours are as stated below:

a.  Monday through Friday: 3:30 p.m. to 11:00 p.m.

b.  Saturday and Sunday and Holidays 10:00 a.m. – 5:00 p.m.

c.  Special Events shall not occur with any Student/Faculty/ Administrative Use:

Justification for Modification:

Examples of Special Events include Career Fair, College Fair, Workshops (e.g., mental health, college financial aid, retirement planning, etc.), and professional development.

As schools seek to tackle the achievement gap and how to build healthy neighborhoods, they are transforming themselves to achieve educational results by fulfilling a broader social function. Educators are exploring ways to use their institutions as “hubs” to organize and deliver a range of services beyond their traditional core offerings. “When a school integrates and begins to function as a hub, it organizes services for its own students as well as, in certain cases, the broader school community such as parents and other family members in an effort to improve the chances for students to excel academically. Performing these services also stands to benefit the local community.”

Increase in the number of Special Events from 12 a year to 60 a year. It is noted that the proposed modification for 60 Special Events a year is not considerably more than the 48 classes per year allowed by-right in single-family zones for Adult Education Classes.  Since 1966, the Los Angeles Municipal Code has allowed “Occasional Use of Private Homes for Adult Education Classes.” in single-family residential Zone Classifications without discretionary review, if classes are no more than one day a week for up to 30 students.

Monday to Friday hours for Special Events are patterned after Commercial Corner operational hours found in Section 12.22-A,23 of LAMC while Saturday and Sunday hours are even less.  Operating hours in Section 12.22-A,23 were established to mitigate adverse impacts caused by commercial activities adjacent to residential areas.  Saturday and Sunday hours proposed in Condition No. 6 provide greater mitigation from traffic, parking, noise, and light pollution on weekends and holidays than the standard Commercial Corner hours.

Hours for Special Events will not overlap with instruction/educational programs and after school activities in order to reduce potential traffic, parking, and noise impacts to the surrounding residential community.

Condition No. 10:  Parking Location Management (Also, refer to Case No. CPC 2016-1256(CU), Condition No. 24)

a.   Parking Location. No students, faculty, or other employees of the school shall be permitted to park off-site; they shall only be permitted to park on-site in the schools’ parking lot. All students who drive to school, all faculty and all other employees shall be instructed by the management of the school to park on-site and not on the adjacent streets.

b .  Permit System. A student permit driving or parking system shall be established enabling the school to monitor Trips and parking availability.

c.  Transportation Demand Management:

i. Include information in brochure programs and flyers advertising activities encouraging alternative transportation and as well offer incentives to users who use alternative means of transportation other than single occupancy vehicles.

ii. To reduce potential spillover parking in residential areas, place signs or notices in key locations on-site or other means presenting parking policies and warning drivers of the possibility of being towed for noncompliance with Municipal Code parking laws and herein conditions.

iii. Parking Overflow. A parking plan/valet plan shall be prepared indicating how overflow parking would be managed by use of on-site tandem parking and at an off-site location within 1,500 feet of the subject site.

iv. Use due diligence in seeking additional sites for parking, if other mitigation measures are found deficient.

Justification for Modification:  Recent improvements to the campus include installing bike and skateboard racks and electric vehicle charging stations.  Notwithstanding, Condition No. 10 is modified to include additional Transportation Demand Management (TDM) strategies and implementation, which increase access to transportation systems, improve mobility, and minimize negative impacts of vehicular travel such as traffic congestion and air pollution in our auto‐dominated physical environment.

Modification to Condition No. 10 requires providing information to students and visitors on travel choices and parking, marketing and communications, and possibly financial incentives. The goal is to make non-solo driving more attractive. Furthermore, the condition is modified to impose a higher standard of “due diligence” (i.e., Condition No. 10.c.iv) than the language of the condition.  In addition, Condition No. 10 is modified to require the campus to track and monitor the number of students who drive to campus (i.e., Condition 10.b).

Condition No. 12:  Enrollment Use of Property at Any One-Time

Enrollment.  Use of Property at any One-Time   Enrollment shall not exceed 25 students per day in grades 9-12 in year one and a maximum of 80 students per day in grades K-12. Morning and afternoon student arrival and departure times shall be staggeredNot more than 50 ISP students shall be onsite at one time for instruction/education and not exceed 150 during any one day. The maximum number of teachers and staff shall not exceed 20 on-site at any one time.

Justification for Modification:  

From 1964 until 1997, the facility served as a synagogue, school, and daycare. From 1997 until 2015, the facility served as a private school with 40 staff and 125 students (i.e., Case No. ZA 97-0003 (CUZ)).  Subsequently, Case No. CPC-2016-1256-(CU) modified the number of students allowed in a day.

However, the language in Case No. CPC-2016-1256-(CU), Condition No. 12 is perplexing by citing “25 students per day in grades 9-12 in year one and a maximum of 80 students per day in grades K-12”  Does this mean 105 students 9-12 are permitted and what is the permitted number after the first year?

Note that Condition No. 3, prior to the proposed modification, limited the number of students on campus at any one time to 50.  That is now incorporated into Condition No.12, which is the same limit approved pursuant to Case No. CPC 2016-1256(CU).

Condition No. 12 removes reference to enrollment. As discussed above regarding Condition No. 3, a restriction on enrollment is not related to “Use of Land”, which is a legitimate governmental purpose of land use planning. Rather, it is a business matter.

Condition No. 12 is modified to permit 150 students a day so to create three instructional sessions of staggered attendance with no more than 50 students in a session on campus at any one time. Fifty (50) students at any one time was imposed pursuant to Case No. CPC 2016-1256(CU) (i.e., Condition Nos. 3, 12)

Condition No. 13:  Signs

Signs. All exterior signs, except as listed below, shall be of an identification type and shall be affixed to the façade of the building and comply with Section 12.21-A,7(g) of the Los Angeles Municipal Code. Directional-type signs shall be indicated on plans submitted to and approved by the Department of Building and Safety and the Department of Transportation.

Pursuant to an approved Variance, an approximately 77.1 square foot, non-illuminated wall sign on an east-facing wall that surrounds the parking lot at the southern portion of the site; and (2) an approximately 2.4 square foot, non-illuminated wall sign on an east facing wall at the school frontage.

Justification for Modification: Condition No. 13 of Case No. CPC 2016-1256(CU) permitted only identification signs affixed to the façade of the building. Being affixed to the building coupled with Section 12.21-A,7(g) of the Los Angeles Municipal Code (i.e., 20 square foot maximum size) creates a hardship due lack of sign visibility caused by the setback of the building from the street and speed of travel on Shoup Avenue.

The objectives for the proposed two signs are:

    • that the general public and site users benefit from signs having improved legibility, readability, and visibility (e.g. location, size, and lighting:
    • provide reasonable protection to the visual environment by controlling the size, height, location, and lighting of the signs so as not to overwhelm the residential character of the surrounding area; and,
    • design signs to not interfere with traffic safety or otherwise endanger public safety.

Several Documents Submitted to City Planning  for CPC 2019-4086(CU)(ZV):

Planning 101 – Relevant  Land Use and Planning Tools 

Zone Classification: A1-1 Zone Classification (See Section 12.05 of the LAMC)

General Plan Designation:  Low Residential  [Canoga Park –     Winnetka – Woodland Hills – West Hills – Community Plan]

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

A Conditional Use Permit (CUP) is a discretionary action for a particular use that is not allowed as a matter of right within the Zone Classification. The discretionary review has singled out types of uses that 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.

Variance  (Read comprehensive discussion on Variance )

The theory behind state and local zoning ordinances is that uses within a particular area should be uniform.  Thus, it can be said that the purpose of the zone classifications is in order to comply with the general plan and provide compatibility between respective properties.  Such regulations are written on a citywide basis and cannot take into account individual unique characteristics of a specific property as well as consider dynamic changes in the economy and the use of land.  However, a variance is a grant of permission to depart from the literal enforcement of a zoning ordinance and allow the property to be used in a manner otherwise not permitted, provided that the spirit of the ordinance is observed and substantial justice is done without detrimental impacts to the community.

Findings (Read comprehensive discussion on  Findings)

Written “Findings of Fact” are required 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.

Existing Conditional Use Permit Approval

At a public hearing on  September 22, 2016, the Los Angeles City Planning Commission approved Case No. CPC-2016-1256-(CU) for the property located at 7401 Shoup Avenue.   El Camino Real Charter High School was limited to a school, grades  Kindergarten through 12, with a maximum enrollment of 400 students and 50 students onsite at one time.  (Refer to below to see the Letter of Determination)

  • Planning Department Case Summary Database and Documents for Prior Approval  (Access Summary)
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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.

[At the end of this post,  you may  “Leave a Comment”  and obtain a response within 48 hours.]


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 ClassificationRD1.5-1   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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ZA 2013-2186(CU)(ZV)(PA1) Hazeltine Ave.

Case No.:  ZA 2013-2186(CU)(ZV)(PA1)

Address:  5128 Hazeltine Ave. [Van Nuys-North Sherman Oaks Community Plan]

Upcoming Event:  The Department of City Planning conducted  the public hearing on October 1, 2018 and approved the requests.   The Zoning Administrator’s Letter of Determination (LOD – December 14, 2018) was appealed by an adjoining property owner.  The appeal public hearing is set for February 28th, 2019.

The applicant continues to seek your comments,  which would help in the current and future operation.  Please leave a comment or your concern by selecting “LEAVE A COMMENT” at the top of the page.  Comments and questions are responded to within 48 hours.


Select  GREEN highlights  to view documents,  reports, and exhibits

Existing Use:   Childcare facility serving up to 24 children,  operating between the hours of 8:00 a.m. to 5:00 pm. Monday to Friday. approved pursuant to Case No. ZA 2013-2186(CU)(ZV).

Proposal:   No new construction is proposed.  The proposal is to continue operation of the childcare after the Planning Department verifies compliance with the conditions of Case No. ZA 2013-2186(CU)(ZV) and request several modifications to the prior conditions of approval.

Request:  Approval of Plans Review pursuant to Condition No. 8 of Case No. ZA 2013-2186(CU)(ZV) and request to modify the Grant Clause and Condition Nos. 7.b,  12.b, 16.e, 18.c.2, and delete Condition No. 8.   Refer to Justifications for Requests (September 7, 2017)

Drone Land Use Flyover (Select to view Video):  See the subject site and surrounding land uses as seen by a drone.
Applicant’s Statement (Select to view Video):   Hear the applicant discuss her proposal.
Planning 101:
Communications and Outreach
  • Sherman Oaks Neighborhood Council (SONC) consideration  by Planning and Land Use Committee Meeting scheduled November 16, 2017   (See below. NO LETTER WAS  RECEIVED  FROM NEIGHBORHOOD COUNCIL )
  • Two Letters of Support Submitted November 2017: View Letters
  • Eight Letters  of Support Submitted January 2018:  View Letters
  • Two Letters of Support Submitted September 2018: View Letters
InfoPost  Documents Available for Viewing and Download
Planning Department Case Summary Database:  (Access Summary)

COMMENTS

Deepa Kulkarni I live within walking distance and have driven by the property in question hundreds of times without even realizing there was a school there. I have never experienced any traffic congestion or noise in the area that can be attributed to the school.

The school was brought to my attention by a friend who raved about the wonderful experience she had with her daughter. As such, I enrolled my son and couldn’t be happier. He is learning so much both academically and socially. It is an irreplaceable part of the Sherman Oaks community. It is a disservice to limit the number of children allowed to play outside at once, as all of them are friends. Learning to play together helps their social development.

I hope to enroll my younger son in the school when he is older, and an increase in class size from 24 to 28 will make that feasible.

Jamie We absolutely support the addition of 4 more students to exploring mind’s hazeltine campus. Both as a resident and a parent at the school. Thank you.
Wendy Emslie We strongly support the increase of 4 children at Exploring Minds Montessori 5128 Hazeltine. Exploring Minds Montessori (hereinafter EMM) has earned a reputation in the parenting world as one of the top preschools in Southern California. I learned about EMM from a highly regarded child developmental expert teaching a local parenting class. I toured over a dozen preschools and knew EMM was the perfect school for us the moment I visited. There was soft lighting, music gently playing in the background and the children were quietly working on their own “jobs” as caring teachers guided each, as needed. The children were learning and problem solving without even knowing it. It was simply magical. EMM balances warmth and education while instilling a love of learning like no other preschool I have seen.

My twin boys are currently joyfully attending EMM. My daughter is slated to be pupil #25 at the Hazeltine location. My daughter cries when I take her to attend a different school. She tells me that her, “brain is sad.” She wants to be at EMM too. It is only with the approval of the increase in number of children at the EMM Hazeltine location that my daughter may attend EMM. It is our family’s hope that the zoning commission will allow additional children to join so that our daughter may be a part of the incredible EMM school and community. The increase in 4 children will make a tremendous difference in my daughter’s life.

Kimberly and Thomas Murtaugh I’m writing to enthusiastically support the proposal of Exploring Minds Montessori (EMM). We live just a few blocks away from the school and have absolutely loved having our children attend such a fantastic school so close to home. Our older son, who is 5, attended EMM for two years and now attends Kester Avenue Elementary and is thriving. I credit his enthusiasm for school and learning to this incredible school with its dedicated teachers and families. We have a younger daughter who is 3 and is now enrolled at EMM. Before she started attending school, her language skills were slightly behind for her age and her pediatrician had suggested considering speech therapy. We wanted to enroll her in school right away but we had to wait until her brother (and others) graduated for a spot to be available for her. Within just a few weeks at EMM, she had a language explosion and now she could be considered a chatterbox! Increasing the number of enrollment spots by 4 would have allowed her to attend school earlier and address this developmental milestone. We absolutely love this school and believe it is an asset to the neighborhood!
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ZA 2017-3914-CU Fallbrook Ave.

Case No.:  ZA 2017-3914-CU 

6037 N. Fallbrook Avenue  [Canoga Park – Winnetka – Woodland Hills Planning Area]

Upcoming Event:  (The public hearing was held  September 24, 2018. The Zoning Administrator stated she will render a decision in several weeks.   Opposition to the requested increase was raised because of noise, traffic, and lack of parking.  AS A REMINDER TO PARENTS,  please use parking at the church, if you wish to take longer than the time it takes for  drop-off/pickup and NEVER BLOCK NEIGHBORS’ DRIVEWAYS.  Thank you!

Existing Use:  Operating  a by-right (no City Planning approval required)  Large Family Day Care serving up to 14 children,  open between the hours of 8:00 a.m. to 5:00 p.m., pursuant to Section 12.22-A,3(b)  (Exceptions) of the Los Angeles Municipal Code.

Proposed Use:    No construction or physical expansion of the existing buildings or structures.   Increase enrollment by twenty (20) children to serve a total of 34 children, operating between the hours of 8:00 a.m. to 5:00 p.m., complying with the standards in Section 12.22-A,3(b) of the Los Angeles Municipal Code and applicant recommended conditions.

City Planning Approval Required:  Requires a Conditional Use Permit pursuant to Section 12.24-W,51 of the Los Angeles Municipal Code –   “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.)”

Purpose of City Planning Process:  A CUP is a discretionary permit for a particular use which is not allowed as a matter of right within the zone. The CUP process singles 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. The Conditional Use Permit (CUP) process is used to balance the needs of an applicant with the legitimate governmental purpose of reducing the potential of adverse impacts to surrounding sensitive uses while providing a needed service to the community. Thus, the CUP process serves an important planning tool to ensure the proposed use is in harmony and compatible with the surrounding area.

Current Phase of the Process:  The Department of City Planning held the public hearing September 24, 2018.   SATT is seeking your comments or concerns.  Please leave a comment or your concern by selecting “LEAVE A COMMENT” here or at the top of the page.  You will receive a response within 48 hours.
Communications and Outreach

Land Use Flyover (Video) See the subject site and surrounding land uses as seen by a drone.

Other Similar City Planning Approvals:  

Within 300-foot Radius of Subject Site – Case No. CPC 2000-2685(CU) – 6104 N. Fallbrook Avenue. Continued use and maintenance of an existing preschool/day care/child development facility accommodating a maximum of 79 children between the ages of two and six years and having hours of operation from 7 a.m. to 6 p.m., Monday through Friday.

Outside of 300 feet within 500-foot Radius of Subject Site – None.

Outside of 500 feet within 1,500-foot Radius of Subject Site   Case No. CPC 2001-4136(CU) – 22555 Oxnard Street. Increase in enrollment from 200 Students (Pre-School Thru Grade 3) to 385 students (pre-school thru grade 6) for an existing school and summer camp. Also, to permit the construction of 8,400 S.F. new classroom and administration Buildings.

Current Documents for Viewing  (The City Planning case file has all documents submitted for public record)

Access to Documents Folder: (Instructions to view files on smartphone without the Dropbox app – Select a file, select the download icon, select Direct Download)
  • No. 1   Vicinity Map  
  • No. 2   General Plan Map 
  • No. 3   Generalized Zoning Map 
  • No. 4   Aerial Map 
  • No. 5   Radius Map  (as required by Los Angeles Municipal Code) 
Planning Department Case Summary Database (PCTS):  Access Summary  
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