TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Tiffany Chhan, Planning Aide
1. Subject
title
Public Hearing: Conditional Use Permit No. 3120-20, Futures Academy, 3111 N. Tustin Street, Suite 240
body
2. Summary
The applicant proposes to increase the total number of students, faculty, and staff to 32 students, eleven instructors, and five staff members at an existing office suite. The applicant provides primarily one-to-one and small group instruction for middle and high school students.
3. Recommended Action
recommendation
Adopt Planning Commission Resolution No. 24-20 entitled:
A Resolution of the Planning Commission of the City of Orange Approving Conditional Use Permit 3120-20 Allowing an Increase of Student and Staff Capacity at an Existing One-to-One Instructional Learning School to Allow up to 32 Students, Eleven Instructors, and Five Staff Members at 3111 North Tustin Street, Suite 240
end
4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.10.030 authorizes the Planning Commission to review and take action on Conditional Use Permits. OMC Section 17.13.050.BB requires Planning Commission approval of Conditional Use Permit requests for instructional learning facilities in commercial zones involving shared parking.
5. project background
|
Applicant: |
Futures Academy |
|
Property Owner |
AG Tustin Owner LP |
|
Property Location |
3111 N. Tustin Street, Suite 240 |
|
Existing General Plan Land Use Element Designation |
GC (General Commercial) |
|
Existing Zoning Classification |
C-1 (Limited Business) |
|
Old Towne |
No |
|
Specific Plan/PC |
No |
|
Site Size |
2.93 acres |
|
Circulation |
The site is accessed by one driveway on Tustin Street. Tustin Street is considered a Primary Arterial with an ultimate right-of-way of 100 feet. |
|
Existing Conditions |
The property is 2.93 acres and developed with a 52,989 square foot, two-story office building with tuck under parking and an associated surface parking lot. The previous Conditional Use Permit (CUP) issued for the one-to-one instructional facility associated with the property will be surrendered with the approval of the new 3,758 square foot private school. All other tenants are all office professional uses. |
|
Surrounding Land Uses and Zoning |
North - Strip commercial shops and residential multiple family in the City of Anaheim West - A motel and residential single family in the City of Orange and residential multiple family in the City of Anaheim South - State Route 55 (Costa Mesa Freeway) East - State Route 55 (Costa Mesa Freeway) |
|
Previous Applications/Entitlements |
CUP No. 2847-12 |
6. PROJECT DESCRIPTION
The applicant proposes to increase the total number of students, faculty, and staff to 32 students, eleven instructors, and five staff members. The applicant provides primarily one-to-one and small group instruction for middle and high school students in grades 6 through 12.
The applicant provides flexible schedules for students and staff and offers instruction periods between 8 a.m. to 8 p.m., Mondays through Fridays. Weekend activities are limited to infrequent accessory administrative uses such as parent-teacher conferences and standardized testing. Students are able to begin and end their school day based on a personalized schedule with classes offered year-round. Some students prefer a faster or slower pace than a traditional classroom, some students prefer individualized instruction, and some students have non-academic commitments such as health and wellness, acting and music, family business and travel, or sports and training, which require a flexible school schedule.
Futures Academy is fully accredited by the Western Association of Schools and Colleges (WASC) and focuses on a micro-learning environment, which purposely creates a small learning community. Consequently, each student has their own schedule and no two students have the exact same schedule. Instruction runs for 50 minutes followed by a ten minute break for students and instructors to exit or prepare for the next instruction period on a staggered schedule (Mon-Wed-Fri or Tues-Thurs). For each instructional period, a student will have a corresponding hour of guided study. Classes are taught primarily through one-to-one instruction where there is one teacher and one student per one workstation. A classroom may contain up to three workstations. Small group, class settings are provided with one teacher and up to five students. Students also participate in a guided study hall which can accommodate up to ten students at a time where they can find support in all content areas.
Development Standards
There are no changes proposed to the exterior of the building, therefore a comparison of the building to the existing development standards has not been conducted, except for parking.
|
|
Required |
Proposed |
Code Section |
|
Parking (non-residential) |
1 space/employee, plus 4 spaces/10 students (11 instructors, 5 staff, and 32 students = 29 parking spaces) 4 parking spaces per 1,000 square feet of office. (49,231 square feet = 197 parking spaces) |
The office building has a total of 229 parking spaces. A surplus of three parking spaces. |
17.34.060 |
7. analysis and statement of the issues
Issue 1: History and Past Entitlement, CUP No. 2847-12
The previous CUP No. 2847-12 was issued by the Planning Commission in 2012 for a one-to-one instructional school and tutoring facility for six students and eight staff members on site at any given time in a 1,682 square foot suite on the first floor in suite number 120. In 2014, Futures Academy relocated from suite number 120 to suite number 240 due to the suite’s larger size of 3,758 square feet. At the time, Futures Academy was not increasing student capacity and, as such, staff had determined the move from suite 120 to 240 had been consistent with the approval of CUP No. 2847-12. Futures Academy is now requesting to increase student, instructor, and staff capacity due to an increase in demand. Futures Academy will continue to operate most similarly to an instructional use and will not offer outdoor recreation, food service, or assembly uses.
Issue 2: Parking Requirement
For Futures Academy, a class generally consists of one instructor and one student. Small group sessions may consist of one instructor and up to five students. The guided study hall can accommodate up to ten students at a time; however, each student keeps their own schedule and, at hourly intervals, are able to freely move in and out of guided study. The intensity of the educational use and the movement of the student body is not that of a traditional school. The middle and high school parking requirements based on the number of classrooms would not be an appropriate requirement in this operation because the number of classes is not representative of the actual parking demand and the use operates more similarly to a tutoring facility. As such, Futures Academy is parked based on the “Instructional Use” parking requirement. This was also applied to the previously issued CUP No. 2847-12. The previous CUP had allocated eleven parking spaces to the instructional use. Since the proposed project will require additional parking spaces (see discussion below), the applicant will voluntarily surrender CUP No. 2847-12 in order to allow for a greater availability of parking spaces.
Issue 3: Circulation and Parking Availability
The existing office building has 229 parking spaces available for the entire site and is over-parked based on the current uses. The instructional learning facility has been in operation at this office building since 2012 and in the current suite 240 since 2014. Due to the staggered schedules of students and staff along with the varied arrival and departure times, there is never a peak of arrivals and departures, which effectively mitigates all queuing issues. Over the past eight years, Futures Academy has had no issues with parking availability nor any circulation issues with other tenants. Based on the maximum number of 32 students and sixteen instructors and staff that would be at the school at any given time, the instructional use requires 29 parking spaces. The general office uses requires 197 parking spaces. This totals a parking requirement of 226 parking spaces for the entire complex, which leaves a surplus of three parking spaces. Therefore, in this case there is no parking deficit for the proposed increase in student and staff capacity.
Issue 4: Tenant Compatibility
The increased presence of students and staff will not disrupt the enjoyment of the surrounding land uses. Futures Academy has established rules and regulations with their staff and students for behavior outside of the suite and in any common areas inside or outside the property. There is one lunch break scheduled between 11:30 a.m. and 12 p.m. Students on-site at this time may have lunch within the tenant suite or, if they have been granted off-campus privileges, they will walk to a nearby shopping center for lunch. Students do not congregate in common areas outside the suite and loitering onsite before or after class schedules is prohibited, except for students waiting for caregiver transportation to arrive. Amplified sound of any kind is not audible outside of the tenant suite.
8. public notice
On September 11, 2020, the City sent a Public Hearing Notice to a total of 287 property owners/tenants within a 300-foot radius of the project site and persons specifically requesting notice. The project site has been posted in two locations with the notification on that same date.
9. environmental review
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities) because the project consists of a new use at an existing facility with no expansion of the existing office building. No public review is required.
10. ADVISORY BOARD ACTION
Streamlined, Multi-disciplined, Accelerated Review Team (SMART):
SMART reviewed the project on August 19, 2020 and recommended approval with conditions.
11. ATTACHMENTS
• Draft Planning Commission Resolution No. 24-20
• Vicinity Map
• Applicant’s Visual Study of Existing Conditions
• Submitted Plans labeled August 11, 2020
N:\CDD\PLNG\Applications\Conditional Use Permits\CUP 3120-20 Futures Academy\PC\PC Staff Report