01-08-2002 - Appeal of Administrative Use Permit #01-12 (Large-Family Day Care Home), Applicant: Yelonda Celise McNeal, Location: 3121 Hollingworth StreetCity of West Covina
r Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council
ITEM NO. C-6d
FROM: Douglas N. McIsaac, Planning Director DATE January 8, 2002
SUBJECT: APPEAL OF ADMINISTRATIVE USE PERMIT NO. 01-12 (Large -
Family Day Care Home)
APPLICANT: Yelonda Celise McNeal
LOCATION: 3121 Hollingworth Street
BACKGROUND:
On November 20, 2001, the City Council heard an appeal of the Planning Commission's
decision to approve Administrative Use Permit No. 01-12 to operate a large family day
care home at 3121 Hollingworth Street. At the conclusion of the hearing, the Council
voted 3-2 (Mayor Wong and Councilmember Miller voting "no") to overturn the
Planning Commission decision and deny the administrative use permit. The Council then
directed staff to prepare a resolution for denial to be brought back for adoption.
DISCUSSION:
The draft resolution for denial of Administrative Use Permit No. 01-12 is attached. The
resolution specifies that three of the ten findings required for approval cannot be made in
a positive manner. Specifically, these findings (Findings c., f., and g.) pertain to parking,
noise, and traffic and were drafted based on statements made by the Council majority
voting to deny the application. The draft resolution has been reviewed and approved by
the City Attorney.
RECOMMENDATION:
It is recommend that the City Council adopt the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
OF THE PLANNING COMMISSION AND DENYING
ADMINISTRATIVE USE PERMIT NO.01-12
Prepared by:
17
J derson
e or
Planner
Reviewed and approved by:
Via Facsimile
Douglas . McIsaac Arnold Alvarez-Glasman
Planni Director City Attorney
ZACase Files\AUP\2001\AUP 01-12\CC\StaffReportCC1.08.doc
4
RES O L U T I ON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION AND DENYING ADMINISTRATIVE USE
PERMIT 01-12
ADMINISTRATIVE USE PERMIT NO.01-12
STATUTORY EXEMPTION
APPLICANT: Yelonda Celise McNeal
LOCATION:
3121 Hollingworth Street
WHEREAS, there was filed with this Council a verified application on forms prescribed
in Chapter 26, Article VI of the West Covina Municipal Code, requesting an approval for an
administrative use permit to allow the operation of a large family day care home (14 children
maximum) on that certain property generally described as:
Assessor Parcel Number 8724-004-024, in the City of West Covina, County of
Los Angeles, State of California, as per map recorded in the Office of the County
Assessor of said County; and
WHEREAS, as provided for under Municipal Code Section 26-270(c), the Planning
Director elected to transfer the matter of the proposed administrative use permit directly to the
Planning Commission for consideration; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 131h
day of November, 2001, conduct a duly advertised public hearing to consider the subject
application for an administrative use permit; and
WHEREAS, on November 13, 2001, the Planning Commission did adopt Resolution No.
01-4701 approving the application; and
WHEREAS, on November 21, 2001, an appeal of the Planning Commission's approval
was requested by Michael R. Touhey; and
WHEREAS, the City Council did, on the 41h day of December, 2001, conduct a duly
advertised public hearing as prescribed by law to consider said application, and consider
evidence presented by the Planning Commission, Planning Department, and other interested
parties; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The applicant is requesting approval of an administrative use permit to allow the
operation of a large -family day care home (14 children maximum).
2. The project is consistent with the General Plan land use designation of "Low -Medium
Residential" (4.1 — 8.0 dwelling units per acre) and the goals and policies of the General
Plan.
3. Approval of this project will be detrimental to adjacent properties.
4. Appropriate findings for approval of an administrative use permit for a large family day
care home are as follows:
ZACase FileMUK2001WUP 01-12\CC Reso-Deny.doc
Resolution No.
Administrative Use Permit No. 01-12
January 8, 2001 - Page 2
a. The facility is the principal residence of the provider and the use is clearly
incidental and secondary to the use of the property for residential purposes.
b. No structural changes are proposed which will alter the character of the single-
family residence.
C. Provisions have been made to provide on -site parking for each employee. The
residential driveway, garage, carport or any other designated parking area in a
multiple family type development is acceptable if the parking space will not
conflict with any required child drop-off/pick-up area and does not block the
public sidewalk or right-of-way.
d. Residences located on major arterial streets must provide a drop-off/pick-up area
designed to prevent vehicles from backing onto the major arterial roadway.
e. The provider has secured a large -family day care home license from the State of
California, Department of Social Services.
f. The noise regulations set forth in chapter 15, Article IV shall apply, taking into
consideration the noise levels generated by children.
g. Traffic generated by the large -family day care home shall be consistent with the
past traffic volumes and patterns within the surrounding neighborhood.
h. Garages shall not be used, as family day care play area unless alternative on -site
covered parking is available to meet minimum residential parking requirements
and the garage is improved to meet building and fire code regulations as a
habitable space.
i. There shall be no sign or other exterior evidence identifying the day care
operation.
j. The location of the proposed large -family day care home is a minimum distance
of three hundred (300) linear feet from any other existing large family day care
home, as measured from building to building.
7. This project is a statutory exemption pursuant to Section 15274, Family Day Care Homes, of
the California Environmental Quality Act (CEQA) of 1970, as amended, since the project
consists of the operation of a large -family day care home within an existing single-family
residence.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
On the basis of the evidence presented, both oral and documentary, the City Council makes
the following findings:
c. The subject property has inadequate parking to provide designated parking for
the number of client vehicles that might be at the property at any one time.
The subject property has parking spaces for one vehicle for drop-off and
pickup and as many as fourteen vehicles could be there to drop-off or pickup
their children.
f. The noise generated by the proposed large family day care use of fourteen
children will not be in compliance with Chapter 15, Article IV of the West
Covina Municipal Code.
g. The traffic generated by the large family day care home would be inconsistent
with the traffic volumes and patterns within the surrounding neighborhood.
The proposed large family day care home would operate between 6:00 a.m.
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0 0
Resolution No.
Administrative Use Permit No. 01-12
January 8, 2001 - Page 3
and 6:30 p.m. Drop-off and pickup of children at the large family day care
would coincide with the peak traffic times for Hollingworth Elementary
School and the Options Day Care Center located there, exacerbating potential
traffic problems.
2. That pursuant to all evidence presented, both oral and documentary, and further based on
findings above, the architectural plans are denied subject to provisions of the West Covina
Municipal Code.
3. The City Clerk shall certify to the passage of this Resolution.
PASSED AND APPROVED on this 8th day of January 2001.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
. 1, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Resolution was duly adopted by the City Council of the City of West Covina, California, at a
regular meeting held on the 8th day of January 2002.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
Z:\Case Fi1es\AUP\2001 WUP 01-12\CC\Reso-Deny.doc