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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JULY 17, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00218 LOCATION: 2780 East Wagner Avenue APPLICANT/PROPERTY OWNER: The agent is Joseph Smith of California Coastal Works, LLC, the applicant is Enrique Diaz of Red Hook Capital Partners, LLC, and the property owner is Calvary Baptist Church of Anaheim. REQUEST: The applicant requests approval of a conditional use permit to establish an Educational Institutions-General use (public charter school) with up to 480 students between Transitional Kindergarten to 8th Grade at an existing church and pre-school site. The project includes the remodel of existing buildings for classroom and school administration use, the construction of a new 5,633 square foot two-story classroom building, and various ancillary site modifications and landscaping improvements (Proposed Project). RECOMMENDATION: Staff recommends that the Planning Commission determine that the Class 1 (Existing Facilities); Class 2 (Replacement or Reconstruction); and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemptions under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15301, 15302, 15303, and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15 000- 15387) are the appropriate environmental documentation for this request; and approve Development Application No. 2021-00218. BACKGROUND: The property is 1.93-acres and is fully developed with a mix of one and two-story buildings, including a 4,800 square foot sanctuary building, three classroom buildings totaling approximately 15,500 square feet, a parking lot, utility service, and playground equipment. The property has been actively used for religious assembly and school purposes since 1967. Existing site operations include religious assembly for The Cove Church within the sanctuary building, and a pre-school with approximately 36 students and four staff. The property is in the "T" Transitional Zone and designated for Low Density Residential land uses in the General Plan. Surrounding land uses include single-family residential to the west and north across Wagner Avenue, and the Anaheim Coves recreation area to the east and south. Development Application No. 2021-00218 July 17, 2023 Page 2 of 11 Prior City Actions:  In 1967, the Planning Commission approved Conditional Use Permit No. 952 to establish a 215-seat sanctuary and 33-student Sunday school at the subject site.  In 1970, the Planning Commission approved Conditional Use Permit No. 1183 to expand the existing church complex to include the addition of a 4,800 sf, 420-seat sanctuary, and a pre-school.  In 1976, the Planning Commission denied CUP No. 1661 to permit expansion of a church complex to include a private school and pre-school with a maximum enrollment of 140 students in addition to the religious assembly use.  In 1982, the Planning Commission denied CUP No. 2347 to retain and expand an existing private day school with a maximum enrollment of 300 students (grades 1-12) in addition to the religious assembly use with a waiver of minimum number of parking spaces.  In 2003, the Planning Commission approved CUP No. 2003-04705 to permit a telecommunications antenna disguised as a 46’ tall bell tower with accessory ground- mounted equipment. PROPOSAL: The Proposed Project includes the following components: Grades and Student Capacity: The applicant proposes to establish a public charter school with up to 480 students ranging from Transitional Kindergarten (TK) to 8th Grade. The proposed breakdown of maximum student capacity by grades is evenly split between Kindergarten - 8th grade (50 students per grade) with 30 students allocated to TK. The school anticipates enrollment to be phased in over a five-year period per the following schedule:  2024-2025: 220 students  2025-2026: 320 students  2026-2027: 380 students  2027-2028: 430 students  2028-2029: 480 students As outlined in the Applicant Letter of Request (Attachment No. 2) the school anticipates that students will come from the surrounding community and greater Anaheim area. The primary recruitment efforts will focus on the community within a one to two-mile range of the proposed school site. Operational Days and Hours: The school would operate Monday to Friday from 6:00 AM to 6:00 PM (evening custodial as needed up until 11:00 PM) under the following operational components: Educational instruction hours:  Monday to Thursday: 8:15 AM (school begins) to 3:00 PM (dismissal).  Friday: 8:15 AM (school begins) to 12:15 PM (dismissal). Drop-off/Pick-up hours:  Regular drop-off would begin at 7:30 AM.  Regular pick-up would run for 30 minutes past the school day (to 3:30 PM Monday to Thursday, and 12:45 PM on Friday). Development Application No. 2021-00218 July 17, 2023 Page 3 of 11 Afterschool program hours:  The applicant anticipates that approximately 25% of the students would attend an afterschool program with staggered pick-up times until 6:00 PM Monday to Friday. Program options would include homework assistance, tutoring, art classes, and sports/recreational options. Breakfast/Lunch/Recess:  Breakfast would be provided to participating students beginning at 7:30 AM and ending at 8:10 AM.  Lunch would be provided to all students on a staggered schedule between 10:45 AM and 1:00 PM.  Students would be offered recess on a staggered schedule. At full capacity (480 students), five 15-minute rest breaks would occur. In addition to recess and lunch, other outdoor activities include P.E. and electives. The school anticipates an average of 114 students outdoors at any one time during the typical school day (between the hours of 8:30 AM to 3:00 PM Monday to Thursday). No student use of outdoor areas would occur along the west property line near adjacent residential uses; activities would be concentrated toward the central and front portions of the site. School Staffing: The school would have up to 40 total employees comprised of up to 24 full-time and 16 part-time employees. The staff mix is anticipated to be comprised of the following:  21 teachers  6 office/other staff  5 paraprofessionals  3 administrative staff  3 coaches  2 custodians The total amount of staff members at any given time period is reflected below:  7 staff before 7:30 AM  35 staff between 7:30 AM – 4 PM  6 staff between 4 PM – 6 PM  1 staff after 6 PM Building Improvements and New Development. The proposal includes the following site improvements as outlined in the Project Plans (Attachment No. 3):  Remodel an existing 3,029 s.f., one-story building with basement (Building 1) to provide three classrooms, a multi-purpose room, administration offices, restrooms, and new accessible lifts. No modifications to structure footprint or height are proposed.  Remodel an existing 8,927 s.f., two-story preschool building (Building 2) to provide ten classrooms, one small group room, two administration offices, and restrooms. No modifications to the building footprint or height are proposed. The existing height of 24 feet, 6 inches (building) and 46 feet (enclosed cellular tower) would remain unchanged.  Replace an existing 1,217 s.f., one-story school building with a new 5,633 s.f., two-story building (Building 3) and 741 s.f. 2nd floor walkway to provide six classrooms, community office, warming kitchen, restrooms, and an elevator to match the existing two -story Development Application No. 2021-00218 July 17, 2023 Page 4 of 11 building (Building 2) in height. The proposed height of the replacement building is 24 feet, 6 inches. Proposed replacement Building 3 would be attached to existing Building 2.  Use of the existing 4,800 s.f., one-story sanctuary building (Building 4) for temporary/limited religious assembly use on Sundays for a duration not to exceed 24 months; following 24 months, the sanctuary building would be used for school-related assembly and daily activities. No modifications to the building footprint or height are proposed.  Installation of ancillary site improvements including site accessibility improvements, landscaping improvements including additional screening trees in west landscape setback adjacent to residential uses, hardscape improvements, parking lot striping, fencing, driveway gates, parking lot and building security lighting, and outdoor recreation space in the north/central portion of the site. SITE PLAN Parking Lot Improvements. Parking lot improvements and pick-up/drop off areas would be provided including the following:  Existing 33-foot wide driveway leading to a 20-foot-wide drive aisle would be provided for ingress/egress, and on-site vehicle queueing for 31 vehicles prior to drop-off/pick-up.  A designated drop-off/pick-up location would be near Building 4.  Vehicle circulation would be provided through the parking lot, including sufficient access for larger emergency and waste collection vehicles.  A total of 59 vehicle parking spaces would be provided. three stalls would be located at the front (north) of the school and designated as two visitor parking standard stalls and one ADA van stall; the remaining 56 spaces would be located behind the school, to the south. Development Application No. 2021-00218 July 17, 2023 Page 5 of 11 A passenger/commercial loading/unloading stall would be provided at the front of the property. ON-SITE CIRCULATION PLAN Student Drop Off and Pick-Up. The applicant has submitted a Parking and On-Site Circulation Plan (Attachment No. 4) which outlines the parking, drop-off/pick-up, and circulation procedures to be implemented by the school. Student drop-off will begin at 7:30 AM and end at 8:15 AM. Pick-up will occur from 3:00 PM to 6:00 PM. On Fridays, pick-up will occur from 12:15 PM to 6 PM. The following outlines key components of the parking and onsite circulation plan:  Staff, including teachers and administrators, would carry and communicate via two-way radio devices which would allow staff to locate students and help them efficiently and safely arrive and depart the school.  During drop-off, six to ten staff members would be on-site assisting with students and traffic flow, four staff members would assist students with exiting their vehicles, and four additional staff members would assist in keeping the on-site circulation of cars flowing. Additional staff would be monitoring vehicles along East Wagner Avenue to observe and note any violations to Scholarship Prep’s parking and circulation plan. The school would take appropriate measures to ensure that no parents/visitors park in any neighborhood street as feasible.  During pick-up, two staff members would assist and greet parents, acquire students’ grade and name, and then alert teachers as to which student is ready for pick up. The respective teacher would then send the student to their vehicle at their pick-up area.  Pick-up and drop-off would be contained on-site at all times. Parent pick-up or drop-off would not be permitted on Wagner Avenue and Rio Vista Street.  There would be on-site queuing capacity for approximately 31 cars leading to the drop-off/ pick-up area, with a separate exit circulation lane to leave the property. The queuing lane, during peak drop-off or pick-up times, is expected to take approximately ten minutes for vehicles from start to finish with implementation of the school’s drop-off/pick-up operations. Development Application No. 2021-00218 July 17, 2023 Page 6 of 11  All parents would be required to participate in mandatory training for pick-up and drop-off procedures and routine updates would be provided to families if adjustments are necessary. The school anticipates the following modes of transportation for their student population once the school is established at capacity with 480 students.  30% carpool (siblings - 2 or more students)  10% neighborhood students/walk or bike to school  30% picked-up in Scholarship Prep owned vans/buses  30% single driver parent Roadway Improvements: The Proposed Project would include the following roadway design features in conjunction with development of the site: 1) restripe the existing striped median along Wagner Avenue/Rio Vista Street and install Tuff Curb and raised delineators to restrict access to the median; 2) restrict the project driveway to right turn-in only and no left turn out; and3) install “No U Turn” signs at the intersections of Rio Vista Street at Lizbeth Avenue and Marjan Street at Wagner Avenue. ROADWAY IMPROVEMENTS Temporary Use of Sanctuary Building for Religious Assembly. Temporary and limited use of the site would continue for the existing church use as permitted under the existing CUP for a period not to exceed 24 months after the expiration of any appeal period associated with City entitlements Development Application No. 2021-00218 July 17, 2023 Page 7 of 11 to authorize the proposed school. The church use would not occur on the site Monday to Saturday with exception of office use (with up to three employees) for church administration during weekday daytime hours and use of one classroom one evening per week after 5:00 PM for religious educational use. All religious assembly uses would cease following the 24-month period. During the 24-month duration, the proposed educational use would not utilize the sanctuary (Building 4) for school-related activities. Once the 24-month duration ceases, the sanctuary would be used for school-related activities. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the minor conditional use permit or conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Conditional Use Permit: The Proposed Project is located in the “T” Transition Zone which allows Educational Institutions-General as a conditionally permitted use. Section 18.14.030.160 of the Zoning Code (Code), states “Conditional uses shall only be considered to the extent that the proposed use is consistent with the property’s underlying General Plan Land Use Designation.” The School designation in the General Plan Land Use Element states “Future schools may be developed in other land use designations through procedures established in the Code”. Since 1967 the Property has been continuously used for religious assembly and school use. The Proposed Project is an Educational Institutions-General use which is a conditionally permitted use in the “T” Zone. As such, the Proposed Project is compatible with the General Plan, as described, and the use can be developed through the conditional use permit as established in the Code. Compatibility: The Proposed Project, subject to the recommended conditions of approval, would not adversely affect the adjoining land uses, or the growth and development of the area. The Property is fully developed with a mix of one and two-story buildings, parking lot, utility service and playground equipment on a property that has been actively used for religious assembly and school purposes for nearly 56 years. Existing site operations include religious assembly within a 420-seat sanctuary and various classrooms, and pre-school with approximately 36 students and four staff. The proposed use is a conversion of the site’s existing use from religious assembly and Development Application No. 2021-00218 July 17, 2023 Page 8 of 11 school to exclusively educational use for children in grades Transitional Kindergarten (TK) to 8th grade. The proposed use would operate on a Monday to Friday schedule during typical daytime hours, except for half-days on Fridays. The proposed use would utilize existing structures and ancillary site improvements. A one-story building would be replaced with a new two-story building to provide classrooms and administration that would match the height of other buildings on the site. The proposed use includes several operational and design features to ensure compatibility with the adjacent residential neighbors and nearby community including staggered outdoor student hours for recesses, electives, and lunches throughout the day. Further, no student use of outdoor areas is planned along or adjacent to the west property line and outdoor activities would be concentrated toward the easterly and central portions of the site. The site would not utilize intercom or bell systems for class transitions and classroom instruction generally occurs indoors. The site would provide a 10-foot landscaped setback along the west property line that would include a solid row of screening trees in front of an existing 6-foot high solid masonry wall between adjacent residences and the project site. Outdoor lighting would be downward directed with shielded fixtures designed not to spill on to adjacent properties. Parking and On-Site Circulation: The Proposed Project is subject to the following Code parking requirements: Educational Institutions-General uses:  Classroom: 1 space/classroom  Office: 1 space/250 sf  Non-office Employee: 1 space/1 staff Religious Assembly use: The Code requires a parking demand study for religious assembly use. The applicant submitted a Parking Evaluation (Attachment No. 5) that determined that the existing religious assembly use would require three parking spaces during the weekdays for church administrative office use and 38 parking spaces on the weekend for church services. Proposed Project Required Parking:  Classroom: 19 spaces (19 classrooms)  Office: 9 spaces (2,132 sf)  Non-office Employee: 10 spaces (10 non-office staff in addition to teachers; 19 teachers are counted in classroom parking ratio)  Religious Assembly Weekday: 3 spaces Total Parking Required Weekdays: 41 spaces Total Parking Required Weekend: 38 spaces Total Proposed: 59 spaces The proposed school anticipates having a number of special events during the school year including open house in the Fall and back to school night in the Spring, twice a year awards ceremonies, and kindergarten and 8th grade promotion days. The special events would be limited to students and their immediate families. The school proposes to provide off-site overflow parking for special events as needed at nearby parking lots. The school would provide a shuttle service from the offsite lot(s) to bring guests onto the campus for the special events. Development Application No. 2021-00218 July 17, 2023 Page 9 of 11 As outlined in the Traffic Circulation Letter (Attachment No. 6), the project site provides sufficient on-site drive aisle widths of 20 feet to accommodate emergency vehicle/fire apparatus and waste services and includes sufficient drive aisle lengths to accommodate vehicle queueing during morning drop-offs and afternoon pick-ups from the site. The site provides sufficient on-site parking with approximately 44% more spaces than required by Code. Parking for special events will be located both on-site and off-site with shuttle service from an off-site lot(s) to bring guests onto the campus. As conditioned, the Proposed Project will be required to comply with a strict parking and onsite pick-up and drop-off plan. Parents/visitors will not be permitted to park in the surrounding neighborhood to the maximum extent feasible. All parents will be required to participate in a mandatory training for pick-up and drop-off procedures and routine updates will be provided to families if adjustments are necessary to ensure the use does not have any negative parking impacts on the adjacent residential neighborhood. Noise Study: A Noise Study (Attachment No. 7) was prepared for the Proposed Project to evaluate future noise levels on the site (compared against existing conditions) resulting from outdoor student activities associated with the proposed educational use. The noise assessment evaluates how future noise levels would affect adjacent residential properties west of the site based on the Code noise standard that the project noise levels shall not exceed 60 decibels (dBA) at the property line for an extended period of time. Based on noise modeling for the proposed outdoor uses, site and building orientation, the existing 6-foot high solid masonry wall along the west property line, the westerly landscape setback, and noise studies at existing schools, the noise assessment concluded that the noise levels at the adjacent residential properties are expected to be less than 60 dBA and comply with the Code without any modifications to the proposed design. Traffic: The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the anticipated traffic generated by the Proposed Project. The City’s Traffic and Transportation Division of the Public Works Department has approved the Vehicle Miles Traveled (VMT) Screening Evaluation (Attachment No. 8) and the Traffic Impact Analysis (TIA) (Attachment No. 9) prepared for the Project. Based on the Project’s anticipated daily trips and the City’s VMT Guideline criteria for local serving e ssential services (e.g., public schools, religious assembly), the VMT screening evaluation found that the project meets the City’s Project Type Screening and therefore, no further VMT analysis is required. The TIA evaluates the potential circulation system deficiencies that may result from the project and recommends necessary onsite and offsite improvements to achieve acceptable operations consistent with the City’s General Plan level of service goals and policies. Based on the recommendations in the TIA, the project would include the following design features in conjunction with development of the site: 1) provide on-site vehicle queuing for at least 31 vehicles during drop-off/pick-up; 2) restripe the existing striped median along Wagner Avenue/Rio Vista Street and install Tuff Curb and raised delineators to restrict access to the median; 3) restrict the project driveway to right turn-in only and no left turn out,, 4) install “No U Turn” signs at the intersections of Rio Vista Street at Lizbeth Avenue and Marjan Street at Wagner Avenue; and 5) implement a traffic management plan to ensure efficient traffic operations during drop-off and pick-up periods. Additionally, the parking layout will be improved to provide additional loading and unloading parking spaces located adjacent to the proposed building to enhance the vehicle circulation of the site. Based on the approved VMT and TIA analyses the Proposed Project will not exceed the anticipated volumes of traffic or daily trips, and the Project’s circulation p lan demonstrates sufficient onsite vehicle queuing through the parking area. Development Application No. 2021-00218 July 17, 2023 Page 10 of 11 Community Outreach: The applicant has conducted a number of community outreach activities beginning in April 2022 to the present. The outreach included in-person (door to door) contact, informational mailers to properties within a 500- foot radius of the project site, phone calls with individual neighbors, in-person meetings at local residences, email, and text communications, and two on-site community meetings. The applicant has provided a Community Outreach Log (Attachment No. 10) documenting their community outreach efforts. Environmental Impact Analysis: The Proposed Project is Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 1 exemption consists of the operation, repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The Proposed Project includes the conversion of a religiou s assembly and private school use on an existing developed site to an exclusively public educational use. The proposed project includes the remodeling and ongoing utilization of three (of four) existing buildings and ancillary site improvements, with no physical expansion beyond existing conditions. The Class 2 exemption consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The exemption includes the replacement or reconstruction of school facilities to provide earthquake resistant structures which do not increase capacity by more than 50 percent. The proposed project will retrofit all existing buildings to meet Category 3 seismic requirements and will not increase capacity by more than 50 percent. The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures up to 10,000 square feet in urbanized areas on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The new 5,633 sf, two-story building would meet Category 3 seismic requirements and would match the existing 24’-6” height of other buildings on the site. The Proposed Project will not use any hazardous substances, is located on a fully developed site that is serviced by all public services and is not located in a designated environmentally sensitive area. Pursuant to Section 15300.2 (c) and 15301, 15302, and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the Proposed Project would be categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the granting of the conditional use permit, subject to the recommended conditions of approval, would not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed school use includes various programming and design features to ensure compatibility and balance the needs of the school use with the need to protect the residential community to the west and north across Wagner Avenue from any significant impacts. The Proposed Project would include weekly educational use during daytime hours, Monday to Friday, with Fridays limited to half days and no school uses proposed on the weekends. Outdoor student activities would be staggered throughout the day and oriented away from the westerly residential neighbors as feasible. Measures will be used to reduce light pollution and ensure that the minimal amount of lighting required for security is provided. Various site improvements would be provided including new landscaping (including ample screening along the west boundary) and play areas would be concentrated in the center and easterly portions of the site. The project site provides sufficient on-site vehicular circulation to accommodate drop- Development Application No. 2021-00218 July 17, 2023 Page 11 of 11 off/pick-up, queueing, deliveries and emergency and waste collection access to the site. Roadway design features will help eliminate potential ingress and egress traffic conflicts at the site. As conditioned, the Proposed Project will be required to comply with a strict parking and on-site pick- up and drop-off plan. Parents/visitors will not be permitted to park in the surrounding neighborhood to the maximum extent feasible. The proposed use would be consistent with the applicable zoning standards and the General Plan land use designation for the property. Based on the analysis included in this report and the findings in the draft resolution, staff recommends that the Planning Commission approve this request. Prepared by, Submitted by, Thomas Gorham Scott Koehm, AICP Contract Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant Letter of Request and Project & Operations Summary 3. Project Plans 4. Parking and On-Site Circulation Plan 5. Parking Evaluation 6. Traffic Circulation Letter 7. Noise Study 8. Vehicle Miles Traveled (VMT) Screening Evaluation 9. Traffic Impact Analysis 10. Applicant Community Outreach Log 11. Aerial and Vicinity Maps 12. Public Comments