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08-07-17 CUP CHARTER 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. The Planning Commission heard the application at the July 17, 2017 regular meeting, and voted 5 -0 for Planning Division staff to return with a resolution of denial at the August 7, 2017 regular meeting. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 19-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE DENYING CONDITIONAL USE PERMIT NO. 3035-16, MAJOR SITE PLAN 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 Planning Commission Agenda Item August 7, 2017 Planning Commission Staff Report August 7, 2017 Page 2 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. 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. The Planning Division received seven (7) public comment letters in opposition to the proposed project prior to the Planning Commission hearing on July 17, 2017. At the July 17, 2017 Planning Commission meeting, ten (10) people spoke in opposition and six (6) people spoke in favor of the proposed project during the public hearing. 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 Planning Commission Staff Report August 7, 2017 Page 3 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); 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 Planning Commission Staff Report August 7, 2017 Page 4 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 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. PLANNING COMMISSION ACTION At the July 17, 2017 regular meeting, the Planning Commission held a noticed public hearing for the subject request for a charter school and shared parking facilities at 1210 E. Lincoln Avenue. After due consideration, the Commission voted 5-0 to deny the project and requested staff return with an alternative version of the resolution reflecting the determination that the proposed project cannot meet the required findings of fact for a Conditional Use Permit, Major Site Plan, or Design Review. ATTACHMENTS Attachments to Report: 1. Draft Planning Commission Resolution No. PC 19-17 2. Planning Commission Staff Report from July 17, 2017 Meeting cc: Erin Craig Unity Middle College High School ecraig@unitymchs.org Planning Commission Staff Report August 7, 2017 Page 5 Phillip Schwartze PRS Group phillip@prsgrp.biz Lori Trottier lori.trottier@kw.com