Alverno Heights Academy

Under Government Code section 65008, subdivision (a)(1)(A), it is unlawful for a city to deny “to any individual or group of individuals the enjoyment of residence, landownership, tenancy, or any other land use in this state” because of age or gender. Essentially, any land use action subject to the Government Code, including the issuance of a Master Plan, cannot consider the fact that the users will be female or high school students. That fact is illustrated by Sierra Madre Municipal Code section 17.38.040(B), titled “Contents of the Master Plan.” Of the items to be included, not one lists age or gender. Those factors are not considered in approving a Master Plan.

The Master Plan and CUP were first adopted in 1959. Government Code section 65008 was adopted in 1971. The fact that the original Master Plan and CUP predate Government Code section 65008 may explain why a consideration of the students’ age and gender factored so prominently in the Planning Commission’s and City Council’s initial consideration.

The current Master Plan calls for a two-story multi-purpose building. The proposed portable buildings will be generally located within the footprint of the approved 12,860 square feet two-story multi-purpose building. The portable buildings total 4,320 square feet, which is approximately 1/3 of the size of the approved two-story multi-purpose building. 

No. A public hearing is not required for AHA to exercise a vested right.

No. The Planning Commission held two public hearings on June 2, 2011 and July 7, 2011 during which the public was permitted to provide its comments regarding the maximum number of students permitted at AHA. AHA received approval for a student capacity of up to 400 by the Planning Commission via Resolution 11-10 on July 7, 2011.  Resolution 11-10 also allowed for the construction of a 12,680 sq. ft., two-story multi-purpose building and an additional 2,900 sq. ft. amphitheater. 

AHA has all of the necessary approvals and vested property rights to operate as a 400 student school.  It is in the best interest of AHA to operate as a good neighbor, but the City cannot mandate additional outreach.  The City did request “a robust public outreach effort to commence as soon as possible, particularly to the residents along West Grandview Avenue, West Highland Avenue, and Wilson Street. AHA shall capture the comments in writing and submit to the City for our records.”

Yes. The City requires the Master Plan to be amended before May 2021 to accommodate the construction of a new, permanent classroom facility in a location not contemplated by the Master Plan. The amendment process will require a public hearing before the Planning Commission, but will not require AHA to seek approval regarding student capacity.

AHA has held the legal right to proceed with the operation of a 500 student high school since 1959 and a 400 student high school since 2011.  This right is vested and neither the City Council, Planning Commission, nor City Staff can deprive AHA of its property rights.

If the proposed Master Plan amendment is denied, AHA can still legally operate as a 400 student school.  They would have to contain operations within the current buildings on campus and in the addition of the 12,680 sq. ft., two-story multi-purpose building and an additional 2,900 sq. ft. amphitheater that have approval to be constructed.

Yes. There is adequate parking sufficient to accommodate the proposed student, faculty, and employee parking requirements for the campus.  There are a total of 108 onsite parking stalls.  Code required parking for TK-12th grade is 73 stalls, providing a surplus of 35 parking stalls.  The City is also requiring that the proposed reconfigured Michillinda Parking lot coincide with the construction of permanent classroom facilities.

A noise study will be conducted at the commencement of the school year to adequately capture ambient noise levels of vehicular traffic and student body population. A noise study conducted prior to the start of the school year will not be helpful because no students will be on campus.  The purpose of delaying the noise study until school is in session is to determine if mitigation is necessary and possible.

The City evaluated the onsite vehicular circulation plan provided by the AHA architectural consultant.  The plan shows TK-8th grade vehicular entry from the existing driveway with frontage on Michillinda Avenue, and vehicular exit onto West Highland Avenue.  The traffic study determined that there is adequate onsite vehicular queue line to prevent horizontal queuing along Michillinda Avenue (that presumes that vehicles on a roadway do not back up over the length of the roadway).  In this case, vehicles will stack up upon one another at the point where congestion begins, at the TK-8th grade drop-off and pick-up point adjacent to the proposed classroom buildings (referred to as stack queuing).  The traffic analysis performed confirmed these assumptions.  The traffic analysis also determined that a dedicated right-hand turn lane will not be required on northbound Michillinda Avenue.  The traffic study also analyzed the potential impact of traffic patterns on West Highland Avenue, to ensure that the driveway width and driveway apron are adequate in width to accommodate vehicles exiting on to West Highland Avenue. The traffic study noted the driveway width is 18 feet wide.