07-17-17 CUP Unity Middle College High School 1310 E. Lincoln Avenue
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Kelly Christensen Ribuffo, Associate Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit No. 3035-16, Major Site Plan Review No. 0890-16,
Design Review No. 4894-16, Temporary Use Permit No. 0207-16 - Unity Middle College High
School, 1310 E. Lincoln Avenue
SUMMARY
A request for a Conditional Use Permit (CUP) to establish a new charter high school at an existing
church site in the Office Professional (OP) zoning district. The application also includes a request for
a CUP for shared parking facilities and a Temporary Use Permit (TUP) for the use of short-term
modular classroom buildings.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 19-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT NO. 3035-16, MAJOR SITE PLAN REVIEW
NO. 0890-16, DESIGN REVIEW NO. 4894-16 AND TEMPORARY USE
PERMIT NO. 0207-16 TO ESTABLISH A 200 STUDENT CHARTER HIGH
SCHOOL WITH SHARED PARKING FACILITIES AT 1310 E. LINCOLN
AVENUE
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Table 17.08.020, Section 17.08.020.B.2.a, Section 17.10.030.C,
Section 17.10.035.C and Section 17.10.060.E authorizes the Planning Commission to review and take
action on the subject applications.
Planning Commission
Agenda Item
July 17, 2017
Planning Commission Staff Report
July 17, 2017
Page 2
PUBLIC NOTICE
On July 7, 2017, the City sent a Public Hearing Notice to a total of 201 property owners/tenants within
a 300-foot radius of the project site. The project site has been posted in two locations with the
notification on that same date.
To raise public awareness of the proposed project, the applicant has also undertaken community
outreach into the surrounding area. Information is included as Attachment 5 of this report.
Four public comment letters have been received in opposition to the proposed project. These letters
have been included for consideration as Attachment 11 of this report.
ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15332 (Class 32
– In -fill Development Projects) because the project meets the following criteria:
a. The project is consistent with the existing General Plan designations, General Plan policies
and, applicable zoning designations and regulations in that the intended townhouse use is a
listed permitted use consistent with the intent of the land use designation.
b. The project is in the City on a site less than five acres and is substantially surrounded by urban
uses.
c. The project site has no value as habitat for endangered, rare or threatened species in that the
site is void of any vegetation or landforms.
d. The project has been evaluated for significant effects relating to traffic, noise, air quality, and
water quality and no significant effects have been identified in that:
A traffic analysis (on file) was performed and showed no impact.
Noise levels will fall below mandated levels for residents and surrounding properties.
Air quality guidance thresholds of the South Coast Air Quality Management District
would not be tripped, and
A Preliminary Non-Priority Water Quality Management Plan has been approved.
e. The site would be adequately served by all required utilities and public services in that all
services exist to serve the site.
There is no public review required.
Planning Commission Staff Report
July 17, 2017
Page 3
PROJECT BACKGROUND
Applicant: Erin Craig, Ph.D., Unity Middle College High School
Property Owner: Main Place Christian Fellowship
Property Location: 1310 E. Lincoln Avenue
Existing General Plan
Land Use Element Designation:
General Commercial (GC)
Existing Zoning
Classification:
Office Professional (OP)
Old Towne: No
Specific Plan/PC: None
Site Size: 113,256 SF (2.6 acres)
Circulation: The property is located at the corner of E. Lincoln
Avenue and N. Canal Street, and accessible by
driveways to each of these roads.
Existing Conditions: The property is currently developed with a single story
A-frame church assembly hall with attached two-story
hip roof office annex. According the Orange County
Assessor records the church was constructed c1966. The
property shares its parking lot with the adjacent office
professional building at 1122 E. Lincoln Avenue. The
existing parking covenant allow for non-exclusive
parking access between the two properties, with no
barriers allowed to be constructed to restrict access to
parking spaces by either party.
Surrounding Land Uses
and Zoning:
The subject property is located on the north side of the
City of Orange, near the unincorporated county area
known as Olive. The property is located at the southwest
corner of E. Lincoln Avenue and N. Canal Street. The
surrounding properties represent a mix of low intensity
commercial and residential uses.
North: Single and multi-family residential (R-3
and unincorporated county area), professional
offices (OP);
East: Multi-family residential (R-3) and
Eisenhower Park (R-1-7);
South: Single family residential (R-1-7 and R-1-
10);
Planning Commission Staff Report
July 17, 2017
Page 4
West: Professional Offices (OP).
Previous
Applications/Entitlements:
None applicable.
PROJECT DESCRIPTION
Unity Middle College High School (UMCHS) is an independent public, tuition-free charter high
school. The school proposes to open in August 2017 with 100 9th grade students and 11 full time
employees, with plans to grow to up to 200 9th and 10th grade students and 22 full time employees by
Fall 2018 on a portion of the Main Place Christian Fellowship property. The school will offer at-risk
and underserved students a blended high school and college curriculum, where students will not only
attend school on site but also at Santiago Canyon College. The school only proposes to operate at the
project site for a period of two years, after which time they intend to relocate to a larger site where
they can expand to serve 11th and 12th grade students.
UMCHS will operate independent of Main Place Christian Fellowship, and not use the existing
church building for any of its operations. To accommodate the required parking for the high school,
the church and the school have proposed to establish shared parking facilities between the two uses
so that their schedules and parking requirements will not conflict and adequate parking spaces will
be available on site at all times.
In order to accommodate the new charter high school, the applicant proposes to remove 40 parking
spaces in the parking lot adjacent to the church play yard and install five new modular buildings. Four
modulars will be classroom buildings and one will be a restroom building. Design features of the
modular buildings include:
Standing seam metal roof
Vertical wood siding
Metal frame windows and doors
Vertical wood foundation skirting
Metal handrails
The proposed site plan includes a reconfigured parking layout to accommodate a dedicated drop off
area for students. The school site will be fenced in with 6 ft tall tubular steel fencing. Additional
perimeter landscaping will be added along E. Lincoln Avenue to shield the property from view from
the public right-of-way. Because the project proposes to locate on an existing paved parking lot, the
applicant is not required to upgrade the parking lot landscaping for the site. Large 36” square planters
will be placed around the buildings to provide additional landscaping in the school yard area.
The applicant has proposed a two year phasing plan for development on the site. During the first year
(2017) the two modular classrooms closest to E. Lincoln Avenue and the restroom building would be
installed and all site and landscape work would be completed. During the second year (2018) the
Planning Commission Staff Report
July 17, 2017
Page 5
remaining two classroom buildings would be installed. The applicant intends to remove the buildings
at the end of second school year when they vacate the property. They would further remove all site
improvements and restore the parking lot to existing conditions.
Proposed plans, including construction details, are included as Exhibits A and B of this report.
The property shares its parking lot with the adjacent office professional building at 1122 E. Lincoln
Avenue. The existing parking covenant allow for non-exclusive parking access between the two
properties, with no barriers allowed to be constructed to restrict access to parking spaces or
driveway access points by either party. A copy of the existing parking covenant is included as
Attachment 9 of this report and is discussed in more detail in the “Analysis” section of this report.
OMC Section 17.18 sets out specific development standards for commercial developments within the
OP zone.
Development Standards (OP)
Required Proposed Code Section
Building Height 32 ft - 2 stories ~12.5 ft – 1 story 17.18.120
Fence/Wall Height 6 ft height masonry
dividing wall
between
commercial and
residential uses
Masonry dividing
wall to remain
17.18.140
Minimum Lot Size 7,000 SF 113,256 SF (2.6
acres) existing
17.18.100
Floor Area Ratio
(F.A.R.)
1.0 0.1 (~8,310 SF
existing, 3,206 SF
proposed project)
General Plan Table
LU-1
Parking 65 spaces (8 per
classroom, 1 per
school vehicle)
65 spaces (see Issue
3)
17.34.060
Setback, Front
(Lincoln Avenue)
10 ft 17 ft 17.18.130
Setback, Rear 10 ft 113 ft 17.18.130
Setback, Side
(Canal Street)
10 ft 165 ft 17.18.130
Setback, Side
(Interior)
10 ft 170 ft 17.18.130
Driveway
Approach
30 ft length off
arterial street
Existing driveways
to remain
17.34.110.A
Planning Commission Staff Report
July 17, 2017
Page 6
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Conditional Use Permit: The applicant is requesting a Conditional Use Permit to establish a charter
high school with shared parking facilities in the OP zone.
Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering
land uses or create special problems for the area in which it is located.
3. A Conditional Use Permit must be considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant.
Major Site Plan: The applicant is proposing a Major Site Plan to install modular buildings and
improve the site.
Required Findings:
1. The project design is compatible with surrounding development and neighborhoods.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off-site.
4. City services are available and adequate to serve the project.
5. The project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
Design Review: The applicant is requesting approval of a Design Review application for the design
of the buildings and site layout, including landscaping.
Required Findings:
1. In the Old Town Historic District, the proposed work conforms to the prescriptive
standards and design criteria referenced and/or recommended by the Design Review
Committee or other reviewing body for the project.
Planning Commission Staff Report
July 17, 2017
Page 7
2. In any National Register Historic District, the proposed work complies with the Secretary
of the Interior’s standards and guidelines.
3. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards and their required findings.
4. For infill residential development, as specified in the City of Orange infill residential
design guidelines, the new structure(s) or addition are compatible with the scale, massing,
orientation, and articulation of the surrounding development and will preserve or enhance
existing neighborhood character.
Temporary Use Permit: The applicant is requesting approval of a nonrecurring Temporary Use
Permit to allow placement of modular classroom buildings on the project site for a period of up to
two (2) years.
Required Findings:
1. That the temporary use permit is compatible with the various provisions of this chapter;
2. That the temporary use is a reasonable use of land compatible with the general plan
land use designation and zoning classification;
3. That the temporary use will not impede the reasonable use of land, or the orderly
development of land in the immediate vicinity;
4. The temporary use will not adversely affect the adjacent use s, buildings or other
structures;
5. That the temporary use will not endanger the public health, safety or general welfare;
6. Provisions for adequate traffic access/circulation, off -street parking and pedestrian
safety have been provided and will be maintaine d during the operation of the use or
activity; and
7. That the granting of the temporary use permit is made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any particular
applicant.
Planning Commission Staff Report
July 17, 2017
Page 8
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: Temporary Use Permit (TUP) for Modular Buildings
Per the letter of explanation included as Attachment 4, UMCHS only intends to occupy the project
site for two years, after which they will relocate to a new site where they can expand the serve a larger
student body. As such, the applicant has proposed to install temporary modular buildings in the
existing church parking lot rather than construct new permanent facilities. All required site
improvements will be undertaken in such a way to cause minimal disturbance to the existing asphalt,
so that once the buildings are removed the parking lot can be restored to existing conditions.
OMC Section 17.10.035 allows for the approval of a nonrecurring TUP for modular classroom
buildings. The permit is granted for the period of one year, but may be extended by the applicant
reapplies for a maximum period of two years. The Zoning Administrator is the designated approval
body for nonrecurring TUPs. However, final determination can be referred to higher reviewing bodies
when associated with other applications.
Staff has received comments from the public and the Design Review Committee expressing concerns
over the temporary nature of the proposed modular buildings, and what aesthetic impact their
installation will have on the project site and adjacent properties.
It is the opinion of staff that the installation of the temporary modular buildings may be considered
separately from the Conditional Use Permit (CUP) for the school use, which once vested runs with
the land in perpetuity. Staff has recommended conditions of approval #12 through 15 in the provided
Planning Commission resolution to mitigate potential aesthetic impacts the proposed modular
buildings will have on adjacent properties, and to ensure that they will be removed within the required
two year time frame. These conditions require the following:
The applicant to reapply after one year to the Community Development Director for renewal
of the TUP for modular classroom buildings for an additional year;
Inspection of the property for compliance with all conditions of project approval prior to
granting of the one year extension;
Once the TUP expires, the proposed modular buildings must be removed from the site; and
In the future, placement of new classroom buildings will require review by staff through a
new site plan and design review process for consistency with the conditions of approval for
the CUP, and all applicable code requirements, before any school operations can continue on
the site.
Planning Commission Staff Report
July 17, 2017
Page 9
Issue 2: Recommendation of Denial from the Design Review Committee
The proposed project was reviewed by the Design Review Committee at the July 5, 2017 regular
meeting. A copy of the staff report and draft meeting minutes as included as Attachment 10 of this
report. The plans and color board reviewed by the Committee are included as Exhibit A of this report.
Based on the information provided, the Committee voted 3 -1 to recommend denial of the project to
the Planning Commission. The grounds for denial of the project was t hat the Committee could not
make the required findings for project consistency with the OMC, as follows:
“The project design upholds community aesthetics through the use of an internally consistent,
integrated design theme and is consistent with all adopted specific plans, applicable design
standards, and their required findings (OMC 17.10.07.G.3).”
In their motion of denial, the Committee specifically stated the proposed color of the bui ldings did
not relate to the church or neighborhood as a whole, and the proposed landscape plan lacked adequate
screening of the modular buildings from the professional office building to the west, which shares a
parking lot with the church and would have an unobstructed view of the project if constructed.
Therefore, the project did not uphold community aesthetics and did not have an integrated design
theme.
In response to the Design Review Committee’s comments, the applicant has provided a revised site
plan and color board, included as Exhibit B of the report. To screen the modular buildings from the
office building to the west, the applicant proposes to construct a wood trellis system, on which potted
vines or other plants could grow to provide a more cohesive appearance. The applicant has also
proposed new building colors to match the existing church, and provide a more integrated design
theme.
It is the opinion of staff that the concerns expressed by the Design Review Committee have been
addressed sufficiently by the applicant in their revised plans. However, to ensure that the new trellis
and color scheme is completely integrated into the proposed project, staff has included a condition
of approval requiring additional landscape screening and new paint colors be verified and approved
by the Community Development Director prior to building permit final and occupancy of the modular
buildings. Given the temporary nature of the buildings, the additional screening will provide adequate
integration of the school into the church site, and mitigate aesthetic impacts on the office building
property. Please see Condition #11 of the attached Planning Commission resolution for additional
details.
If the Planning Commission does not find that the revised plans have satisfied the comments from the
Design Review Committee, staff has also prepared a potential resolution of denial of the project,
consistent with the findings from the Committee. This draft resolution is also included as part of
Attachment 1, after the draft resolution of approval.
Planning Commission Staff Report
July 17, 2017
Page 10
Issue 3: Shared Parking Facilities and Parking Management Plan
The applicant had requested that the Planning Commission approve a CUP for shared parking
facilities as part of the proposed project.
The project site (1310 E. Lincoln Avenue) shares its parking lot with the adjacent office professional
building at 1122 E. Lincoln Avenue. At the time the office building was constructed, the Orange
Municipal Code (OMC) allowed for construction of commerci al projects with insufficient on-site
parking with approval by the City Attorney of a recorded shared parking agreement with a property
adjacent to or within 300 feet of the project site. A CUP was not required for these agreements, only
filing with the Building and Planning Divisions prior to the issuance of building permits. Additional
information is included as Attachment 8 of this report, including an excerpt from the approved
building plans for 1122 E. Lincoln Avenue referencing the agreement.
A copy of the recorded parking covenant is included as Attachment 9 of this report. The covenant
allows for non-exclusive parking access between the two properties. The office building may access
up to 72 parking spaces on the church site, and the church site may access up to 72 parking spaces on
the office building site. No barriers are allowed to be constructed to restrict access to parking spaces
or driveway access points by either party between the two parcels. The agreement does not specify
any time or day restrictions for access. Without the agreement, the office building would not have
been able to be constructed as it is, since the site is short 72 parking spaces for the number of square
feet of office in the building.
There are currently 241 parking spaces shared between the two adjacent parcels. There are 69 parking
spaces on the office building site and 172 on the church site. In order to place modular classroom
buildings UMCHS proposes to remove 40 parking spaces on the church site and restripe the parking
area to accommodate a dedicated pick up and drop off area for the school.
Parking Space Count
Existing Proposed
Church Parcel 172 132
Office Parcel 69 69
Total 241 201
To ensure that adequate parking is provided for both the church and the school, the applicant has
proposed to adopt a parking management plan for shared facilities with the church, establishing
mutually exclusive hours of operation so that there is no overlap between the two uses that could
cause overflow parking onto adjacent sites, including the office building site. The proposed provisions
of the parking management plan are included as Attachment 7 of this report. In summary, UMCHS
will operate during business hours Monday through Friday and Main Place Christian Fellowship will
operate evenings Monday through Friday and on weekends. The parking plan further establishes pick
up and drop off procedures and prohibits students from driving to school to further limit traffic and
parking impacts on site.
Planning Commission Staff Report
July 17, 2017
Page 11
Parking Requirements by Use
Code Req. Required
Church 1 space per 30 SF
of assembly area
104
High School 8 spaces per
classroom, 1 per
school vehicle
65
Office Parcel 4 /1,000 SF
office and
5/1,000 SF
medical office
144 (72 shared
access on church
parcel)
The applicant has also provided a parking analysis in support of the proposed shared parking facilities,
analyzing parking requirements and existing and proposed parking lot utilization levels. It is included
as Attachment 6 of this report.
It is the opinion of staff that will adoption of the mutually exclusive hours of operation and parking
management plan the proposed project is in conformance with the standards set forth in OMC Section
17.34.100 for shared use of parking facilities. Furthermore, staff has included a condition of approval
stating that no restrictions may be put in place to prevent the adjacent parcel from full access to the
project site’s parking lot, in compliance with the existing adopted parking covenant.
ADVISORY BOARD RECOMMENDATION
Staff Review:
Staff reviewed this application on January 18, 2017, May 24, 2017, June 14, 2017 and June 21, 2017
and recommended the proposed project proceed to the Design Review Committee and Planning
Commission with recommended conditions for approval.
Design Review Committee:
The Design Review Committee reviewed the subject proposal at the July 5, 2017 meeting of the
Committee and recommended that the Planning Commission deny the project as not meeting the
required findings of fact for internally consistent and integrated project design. The staff report and
minutes are included as Attachment 10 of this report.
Planning Commission Staff Report
July 17, 2017
Page 12
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Draft Planning Commission Resolution No. PC 19-17 for Approval or Denial
2. Vicinity Map
3. Site Photographs
4. Applicant Project Description and Justification
5. Applicant Community Outreach Information
6. Parking Analysis dated June 19, 2017
7. Proposed Parking Management Plan
8. Excerpt from the 1982 Orange Municipal Code and Building Plans for 1122 E. Lincoln Avenue
9. Declaration of Covenants, Conditions and Restrictions and Grant of Easements, recorded April
25, 1980
10. Design Review Committee Staff Report and Draft Minutes dated July 5, 2017
11. Public Comment Letters received as of July 10, 2017
Exhibits provided to the Planning Commission:
A. Reduced-Size Plans and Color Board date stamped June 21, 2017
B. Revised Reduced-Size Plan Sheets and Color Board date stamped July 10, 2017
cc: Erin Craig
Unity Middle College High School
ecraig@unitymchs.org
Phillip Schwartze
PRS Group
phillip@prsgrp.biz
Lori Trottier
lori.trottier@kw.com