JULY 17, 2023
PLANNING COMMISSION [DRAFT] MINUTES
ITEM NO. 1
DEVELOPMENT APPLICATION NO. 2021-00218
Location: 2780 East Wagner Avenue
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.
Environmental Determination: The Planning
Commission will consider whether to find the project
Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State
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).
Approved Resolution
No. PC2023-018 with
additional condition
number 31 stating the
standards the project
must comply with
regarding the parking,
circulation and drop-off
and pick-up operations.
MOTION: (Kring/Castro)
VOTE: 5-2
Chairperson Kring, and
Commissioners Castro,
Henninger, Lieberman,
and Walker voted yes.
Perez and Tran-Martin
voted no.
SUBSTITUTE MOTION:
Denial of the project:
(Perez/Tran-Martin)
VOTE: 2-5
Commissioners Perez and
Tran voted yes.
Chairperson Kring, and
Commissioners Castro,
Henninger, Lieberman,
and Walker voted no.
Project Planner:
Thomas Gorham
[email protected]
Thomas Gorham, Contract Planner, provided a summary of the staff report dated July 17, 2023.
He noted that the request is for approval of a condition use permit to establish a charter school with up to 480 students between Transitional Kindergarten to 8 th grade at an established church and preschool site. The proposed site is 1.93 acres in the Transitional Z one and designated for Low-Density Residential Land Uses by the General Plan.
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PLANNING COMMISSION [DRAFT] MINUTES
The applicant proposes to remodel Buildings 1 and 2 for classroom and school administration uses. The construction of Building 3 which would be a new 5,633-square-foot two-story classroom building that would replace approximately 1,700-square-foot one-story existing building. Other proposed improvements include site accessibility improvements, landscaping improvements including additional screening trees in west landscape setback adjacent to residential uses, hardscape improvements, parking lot striping, fe ncing, driveway gates, parking lot and building security lighting, and outdoor recreation space in the north/central portion of the site. Use of Building 4, the existing 4,800-square-foot, one story sanctuary building would be used 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.
The proposed breakdown of maximum student capacity by grades is evenly split between Kindergarten - 8th grade with 50 students per grade and 30 students allocated to TK. The school anticipates enrollment to be phased in over a five-year period The school would operate Monday to Friday from 6:00 AM to 6:00 PM. Educational Instruction hours would be 8:15-3:00 Monday thru Thursday and 8:15 to 12:15 on Fridays Student 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 • Approximately 25% of the students would attend an afterschool program with staggered pick-up times until 6:00 PM Monday to Friday.
The school would have up to 40 total employees comprised of up to 24 full-time and 16 part-time employees.
The applicant has prepared a Parking and On-Site Circulation Plan which outlines the parking, drop-off/pick-up, and circulation procedures to be implemented by the school. There would be on-site queuing capacity for approximately 31 cars leading to the drop-off/ pick -up area, with a separate exit circulati on lane to leave the property. During drop-off, staff members would be assisting with students and traffic flow, and additional staff members would assist in keeping the on-site circulation of cars flowing. 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, Rio Vista Street or nearby residential streets. During pick -up, 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. 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.
Based on the traffic study prepared for the project, roadway design features are recommended to help with ingress and egress to the site and to reduce potential impacts to the adjacent neighborhoods.
• Restripe the existing striped median along Wagner Avenue/Rio Vista Street and install Tuff Curb and raised delineators to restrict access to the median; • Restrict the project driveway to right turn-in only and no left turn out to reduce potential impacts to the adjacent neighborhood, and to allow for efficient movement of vehicles by limiting potential conflict points.
• “No U Turn” signs would be installed at the intersections of Rio Vista Street at Lizbeth Avenue and Marjan Street at Wagner Avenue.
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PLANNING COMMISSION [DRAFT] MINUTES
Staff believes that the required conditional use permit findings as outlined in the staff report can be made to approve the request. Staff has worked with the applicant to provide various programming and design features to ensure compatibility and balance the needs of the proposed school use with the need to protect the residential community to the west and north across Wagner Avenue from any significant impacts. In addition, the applicant has done extensive outreach with the residential neighborhood in an attempt to address concerns. The recommended conditions included requirements for follow-up reports on the Parking & On-Site Circulation Plan to be submitted to the City six months after the beginning of each school year until the maximum 480 student capacity has been reached in order to ensur e the plan is working properly. If it is determined by the City Traffic Engineer that additional requirements and/or measures are necessary, then the City can impose such measures and requirements to be implemented by the school at their cost. In addition, should the school use not compl y with any applicable code requirements, conditions of approval, or if the use is determined to be creating any nuisances, or being detrimental to the health, safety and general welfare, the City can initiate modification or revocation of the conditional use permit. Based on the staff analysis, Staff recommends that the Planning Commission adopt the draft resolution, determining that this request is categorically exempt under the California Environmental Quality Act, and approve the conditional use permit subject to the recommended conditions of approval.
Commissioner Henninger asked questions regarding roadway improvements that were answered by Rafael Cobian, City Traffic Engineer.
Commissioner Walker asked questions regarding the history of the intersection and accidents, roadway improvements, speed limits, circulation plan that were answered by Rafael Cobian, City Traffic Engineer.
Commissioner Perez asked questions regarding traffic flow and cross-walking concerns that were answered by Rafael Cobian, City Traffic Engineer. Commissioner Perez also asked questions regarding the after -school program that Thomas Gorham, Contract Planner , deferred to the applicant.
Commissioner Lieberman asked questions regarding the roadway and turn lane that were answered by Rafael Cobian, City Traffic Engineer.
Commissioner Henninger asked questions regarding the speed limit and traffic flow that were answered by Rafael Cobian, City Traffic Engineer.
Staff proposed an additional condition that the Parking and On-Site Circulation Plan shall include a map identifying the routes to the school and include written instructions/directions on how to access the school site including information that the school cannot be accessed from southbound Rio Vista Drive.
Commissioner Castro asked questions regarding crosswalks that were answered by Rafael Cobian, City Traffic Engineer.
Commissioner Tran-Martin asked questions regarding traffic that were answered by Rafael Cobian, City Traffic Engineer.
Chairperson Kring asked questions regarding parents parking in the neighborhood if they are early for drop-off/pickup that were answered by Rafael Cobian.
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Jason Watts, Project Applicant, gave a presentation for the Scholarship Prep project that included plans to address noise, traffic, and parking in the surrounding neighborhood.
Commissioner Lieberman asked Jason Watts, Project Applicant, about off-site parking for events at the school and transportation to and from the school during the events.
Commissioner Walker asked questions regarding landscape improvements and screening trees.
Joseph Smith, Applicant Representative, answered questions. Jason Watts, Project Applicant, answered questions regarding noise presented by Commissioner Walker.
Commissioner Perez asked questions regarding questions about the after -school program and the amount of participants. It was answered that the 25% participation was an estimate. Noise was also addressed at this time by Joseph Smith, Applicant Representative, that there will be staggered lunches and recesses to help mitigate the noise. Commissioner P erez also asked a questions regarding how the state physical tests will be met since there is not a traditional track.
Joseph Smith, Applicant Representative, stated that with the size of the parking lot the required distance will be met. Commissioner Perez also asked about the 10% of the students that will be walking and/or biking to school. The 10% that was mentioned in the staff report was an assumption. Jason Watts, Project Applicant, explained that as a charter school, a lottery-system must be used based on student interest. Enrollment preference will be given to students who live within a particular boundary of the school which is the same radius as the nearest school.
Commissioner Perez asked questions regarding the number of staff helping with the drop-off at 7:30 am. The staff present will be available to help with the queuing based on the need. Staff would be parking on-site. Clarification on the staggered drop-off times and the actual operations of the drop-off was requested that were answered by the applicant. Commissioner Perez asked questions about the church use and duration of time during the weekdays. The applicant stated it was a private agreement i n connection with the sale of the property during the 24 month transition period. The church would have the ability to use a classroom one day per week in the evening. The church office will be a shared use and there will be the ability to have administrative staff there as well.
Chair Kring opened public comment.
Sophia Casterena, a former student, provided public comment in support of Scholarship Prep.
Susan Sorenson, Cardiff Street resident, provided public comment in support of Scholarship Prep.
Antonio Anderson, parent of Scholarship Prep student, provided public comment in support of Scholarship Prep.
Chris Warner, pastor of Cove Church, provided public comment in support of Scholarship Prep.
Dennis Sorenson, Cardiff Street resident, provided public comment in support of Scholarship Prep.
Victor Carcamo, Coordinator of Student Services for Scholarship Prep, provided public comment in support of Scholarship Prep.
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Dr. Chris Downing, superintendent of Anaheim Elementary School District, provided public comment in opposition of Scholarship Prep.
Marc Herbert, Hilda Street resident, provided public comment in opposition of the proposed site of Scholarship Prep.
James Peterson, South Marjan Street resident, provided public comment in opposition of Scholarship Prep.
Audio is inaudible due to issues with the microphone for the following speakers: Cecilia Flores, Julie Caturegli, and Joseph Smith.
Audio issue discovered and resolved.
Pat Chandler, Anaheim City resident, provided public comment in support of Scholarship Prep.
Aida Guadarrama, parent of Scholarship Prep student, provided public comment in support of Scholarship Prep.
Eva Gadero, Anaheim City resident, provided public comment in support of Scholarship Prep.
Debbie Morales, City of Orange resident, provided public comment in support of Scholarship Prep.
Sarah French, Anaheim City resident, provided public comment in support of Scholarship Prep.
Lisa Butler provided public comment in opposition of Scholarship Prep.
Gloria Zepeda provided public comment in opposition of Scholarship Prep.
Randy Fox, Rio Vista Street resident, provided public comment in opposition of Scholarship Prep.
Mark Lopez, Anaheim Elementary School District Trustee and Anaheim City resident, provided public comment in opposition of Scholarship Prep.
Vern Nelson, Anaheim City resident, provided public comment in opposition of Scholarship Prep.
Megan Herbert, Marjan Street resident, provided public comment in opposition of Scholarship Prep.
Sheila Eckhol, Sunkist Street Resident, provided public comment in support of Scholarship Prep.
Chairperson Kring closed public comment.
Commissioner Perez spoke and stated Planning Commission looks at land use and the planning of the site. Commissioner Perez asked staff about the original approval in 1967 for use of assembly and Sunday School and if there were limits on the number of days for assembly.
Thomas Gorham, Contract Planner, stated he did not believe there was a limit or restriction on the number of days. Commissioner Perez asked if there were any conditions of use for the CUP that was approved in 1970. Thomas Gorham, Contract Planner, stated he was not aware of any JULY 17, 2023
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conditions. Commissioner Perez asked if the original CUPs from 1967 and 1970 that the property is currently operating under is mainly for the weekend. Thomas Gorham, Contract Planner, stated the use was primarily for weekends. Commissioner Perez asked if the CUP denials in 1976 and 1982 had any impact on the application today. Thomas Gorham, Contract Planner, confirmed that previous denials do not have any impact on the decision made at the commission meeting today.
Commissioner Perez stated the school operations plan is amazing and well-invested product. His main concerns are the traffic queue in the project area and district, anticipated traffic for the area, and crosswalk concerns.
Commissioner Henninger asked if the police sub-station will remain on the site. Ted White, Director of Planning and Building, stated the site was not an official police sub-station. The church as an unofficial agreement to use a room as a breakroom.
Leonie Mulvihill, Assistant City Attorney, addressed the issue of a crosswalk in the area is subject to complex analysis involving warrants and issues that traffic engineer reviews and makes recommendations to the City.
Jason Watts, Project Applicant, stated that the police presence will remain with more access then is currently given.
Commissioner Henninger asked a question regarding on-street parking for The Coves. Rafael Cobian, City Traffic Engineer, answered the question.
Commissioner Castro asked if there would be an analysis every six months following the opening to address any concerns. Thomas Gorham, Contract Planner, answered the question.
Commissioner Lieberman asked questions about the drop off queue. Rafael Cobian, City Traffic Engineer, and Thomas Gorham, Contract Planner, answered the questions. Commissioner Lieberman also questioned how the lighting will addressed at the site. Thomas Gorham, Contract Planner, stated there is a lighting plan and answered the question. Commissioner Lieberman asked about a petition that was submitted by Cecilia Flores. Thomas Gorham, Contract Planner, stated the petition was not received by the Planning Department.
Commissioner Henninger asked about the Traffic Impact Analysis Report. Rafael Cobian, City Traffic Engineer, answered the question.
Chairperson Kring made comments in support of the drop-off/pick -up queue. Chairperson Kring questioned the legitimacy of statements made by Anaheim Elementary School District.
Chairperson Kring stated she was in support of the project.
Chairperson Kring made a motion to approve the project with the additional condition proposed by staff during the presentation. The motion was seconded by Commissioner Castro.
Commissioner Henninger stated he agreed with Commissioner P erez regarding traffic impacts and has concerns about the traffic impacts when the school opens and the traffic calming measures proposed. Commissioner Henninger stated he would prefer to continue the item to the next meeting date to get another traffic flow system for the intersection.
Commissioner Perez asked about substitute motions.
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Commissioner Henninger proposed a substitute motion to continue the item to the next meeting for staff to reexamine the traffic flow and impacts. Commissioner Perez amended the substitute motion to include presentations for traffic queues.
Leonie Mulvihill, Assistant City Attorney, clarified the main motion and the substitute motion requesting to postpone the main motion to a date certain.
Rafael Cobian, City Traffic Engineer, stated the main traffic concern was the operations during school drop-off and pick-up. He stated that the Traffic Impact Analysis Report that was completed found there would be no traffic impacts.
Ted White, Director of Planning and Building, stated if the item is continued and significant changes are made to the operations plan to re-open the public hearing.
Commissioner Henninger withdrew his substitute motion to continue the item.
Commissioner Perez made a substitute motion to deny the project. Commissioner Tran-Martin seconded the substitute motion.
Motion to deny the project failed with a vote of 2-5. (Commissioners Perez and Tran-Martin voted to deny the project. Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro, Lieberman, and Walker voted to not deny the project).
Commissioner Henninger made a comment that he thought the commission was making the wrong decision about handling traffic. He wanted that on the record.
Vote for the original motion made by Chairperson Kring and seconded by Commissioner Castro to approve the project with the additional condition proposed by staff carried by a vote of 5-2. (Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro, Lieberman, and Walker voted yes. Commissioners Perez and Tran-Martin vote no).