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HomeMy WebLinkAbout2014-11-25 - AGENDA REPORTS - DENIAL OF MC 13-075 EINSTEIN (2)Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Mike Marshall DATE: November 25, 2014 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF MASTER CASE 13-075 (CONDITIONAL USE PERMIT 13-005), A REQUEST BY ALBERT EINSTEIN ACADEMY FOR LETTERS, ARTS AND SCIENCES TO OPERATE A PRIMARY SCHOOL WITHIN THE BUSINESS PARK ZONE AT 25300 RYE CANYON ROAD DEPARTMENT: Community Development RECOMMENDED ACTION City Council adopt a resolution denying Master Case No. 13-075, which includes a request for the approval of a Conditional Use Permit to allow for the operation of a primary school within an existing 53,000 square -foot commercial building at 25300 Rye Canyon Road. BACKGROUND The Albert Einstein Academy for Letters, Arts and Sciences (Applicant) originally requested the approval of a Conditional Use Permit (CUP) to allow for the proposed operation of a primary school consisting of up to 650 students in kindergarten through grade 6 (K-6), with an additional 37 teachers and employees (Master Case No. 13-075). The Planning Commission considered the project on March 4, 2014. Staff's presentation focused primarily on concerns regarding traffic safety and circulation based upon a project consisting of up to 650 students. Other issues addressed included the requirement that the Applicant submit building plans to the Building & Safety Division to address existing unpermitted construction, and a requirement that the building be upgraded to meet seismic retrofit standards. The hearing included public testimony that both supported and opposed the project. After significant discussion, the Planning Commission, in a unanimous 5-0 vote, approved staff's recommendation to deny the project. The Applicant formally submitted a letter to the City Council appealing the Planning Commission's decision, and a public hearing was scheduled for June 10, 2014. On June 5, 2014, the Applicant requested a continuance of their appeal hearing to facilitate ongoing conversations with staff. On June 10, 2014, City Council opened the public hearing and continued it until the regularly scheduled City Council meeting of July 8, 2014, to allow time for the Applicant to draft a revised project description and complete a revised traffic and parking study. Subsequent to City Council action on June 10, 2014, staff continued to work with the Applicant on a revised project description that would adequately address staff's concerns regarding on-site and off-site traffic and circulation. On June 16, 2014, staff received a revised project description from the Applicant that included a proposal for a kindergarten through grade 4 (K-4) school, with a maximum of 250 on-site students and 50 home school students, 14 classrooms, and 20 employees. In response, staff requested that the Applicant provide additional information to support the revised project description including, but not limited to, a revised traffic study. On July 8, 2014, City Council took action to continue the public hearing to the regularly scheduled meeting of October 14, 2014, to allow the Applicant sufficient time to submit a revised traffic study based upon the modified project description of a K-4 primary school, with up to 250 on-site students and 50 home school students. Subsequently, on October 14, 2014, City Council took further action to continue the public hearing to the regularly scheduled meeting of October 28, 2014, to allow the Applicant time to submit the final remaining documentation, thereby allowing staff the opportunity to complete the proper California Environmental Quality Act (CEQA) document. On October 28, 2014, the City Council considered the staff report, staff presentation, Applicant's presentation, and public testimony. The City Council expressed significant concerns regarding the operation of the proposed primary school on a site at the corner of two major arterial highways adjacent to properties that do not incorporate sidewalks to facilitate the safe movement of pedestrians, such as children and employees, to and from the subject site. City Council also conveyed concerns about the operational characteristics of surrounding businesses such as large truck traffic, that when combined with the presence of arterial highways intersecting at the proposed project site would cause an undue safety risk to children. Further, the City Council determined that the setbacks for the existing building are inconsistent with the placement of a primary school at the site, there is an absence of on -street parking in the immediate area, and therefore the design, location, and operating characteristics of the proposed site would create undue risks to site users and would burden surrounding uses. Therefore, the City Council voted to deny both the original 650 student proposed primary school and the modified proposal for 250 on-site students and 50 home school students at this site, which vote affirmed the decision of the Planning Commission. The City Council further directed staff to draft a resolution of project denial and return it to the regularly scheduled City Council meeting of November 25, 2014. rA ALTERNATIVE ACTIONS Other action as determined by City Council. FISCAL IMPACT None by this action. ATTACHMENTS Resolution RESOLUTION NO. 14_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA TO DENY MASTER CASE NO. 13-075, AND DENY THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF THAT MASTER CASE, WHICH INCLUDED CONDITIONAL USE PERMIT 13-005 TO ALLOW FOR THE OPERATION OF A PRIMARY SCHOOL LOCATED AT 25300 RYE CANYON ROAD, IN THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. An application for Master Case No. 13-075 (CUP 13-005) was filed by Albert Einstein Academy for Letters, Arts and Sciences (hereinafter "Applicant") with the City of Santa Clarita on June 5, 2013. The property for which this Conditional Use Permit (CUP) application (hereinafter "Application") was filed is located at 25300 Rye Canyon Road (hereinafter "Subject Site"); B. The Applicant originally proposed to operate a 650 -student primary school for students in kindergarten through grade 6 (K-6) on the subject site; C. The zoning and General Plan designation for the subject site is Business Park (BP); D. The surrounding land uses include manufacturing, warehousing, and office uses to the north, south, east, and west of the Subject Site; E. On March 4, 2014, a duly noticed public hearing was held before the City of Santa Clarita Planning Commission at 6:00 p.m. at City Hall, Council Chambers, 23920 Valencia Boulevard, Santa Clarita; F. At this public hearing, City staff recommended denial of the proposed 650 student primary school on the subject site because the Applicant could not provide a traffic plan sufficient to ensure that impacts on neighboring businesses would be mitigated at the same time that the safety of site users was ensured; G. At this public bearing, the Applicant represented that the site would be used for the Albert Einstein Academy-SCV Charter School, and representatives of that school spoke in support of the Application; H. At the close of this public hearing, the Planning Commission considered the staff report, staffs presentation, the Applicant's presentation, and public testimony; and with a unanimous 5-0 vote, approved staffs recommendation to deny the proposed project based upon traffic safety/circulation and a student population of up to 650 students; I. On March 19, 2014, in compliance with the requirements of the Unified Development Code (UDC), the Applicant submitted a letter to the City appealing the Planning Commission decision of March 4, 2014, to the City Council; On June 16, 2014, the Applicant submitted a revised, and now -current, project description, which includes the operation of a primary school consisting of a maximum of 250 on-site students and 50 home school students in grades K-4 to be operated within the same 53,000 square -foot commercial building on a fully developed site at 25300 Rye Canyon Road in the BP zone; K. At no time did the Applicant formally withdraw its original application for a 650 -student primary school, but the Applicant and City proceeded as though the now -current project description was a modification or mitigation of the project in response to the traffic safety/circulation grounds on which the Planning Commission's denial was based; L. On October 7, 2014, a public hearing was duly noticed for the City Council meeting for October 28, 2014, at or after 6:00 p.m. at City Hall, Council Chambers, 23920 Valencia Boulevard, Santa Clarita; M. At this public hearing, the Applicant represented that the site would be used for a different charter school, Albert Einstein Academy-Agua Dulce Elementary School Partnership Academy; N. At this public hearing, the City Council considered the staff report, staff presentation, Applicant's presentation, and public testimony both in favor of and in opposition to the proposed project. The City Council voted to deny the Applicant's project, which vote affirmed the decision of the Planning Commission; the City Council further directed staff to draft a resolution of project denial and return it to the regularly scheduled City Council meeting of November 25, 2014. SECTION 2. GENERAL FINDINGS FOR MASTER CASE NO. 13-075. Based on the foregoing facts and findings for Master Case No. 13-075, the City Council hereby determines that it cannot make the following findings required for the grant of a Conditional Use Permit as sought by the Applicant: A. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and The City Council cannot make this finding. The proposed primary school, whether the originally proposed 650 -student school or the modified proposal for 250 day students and 50 home school students, would operate within an existing commercial building at the corner of two major arterial highways adjacent to properties that do not incorporate 2 E sidewalks to facilitate the safe movement of pedestrians, such as children and employees, to and from the subject site. During the proposed operating hours for the school, and in particular during the morning hours, traffic moves at high volumes and high rates of speed on the two arterial streets creating conflict with any plan for drop-off at the proposed site. Surrounding commercial businesses include warehousing, manufacturing and research, and development land uses that possess operational characteristics such as large truck traffic which, combined with the presence of the arterial highways intersecting at the proposed project site, cause an undue safety risk to children. Therefore, the City Council finds that both the original 650 -student proposed primary school and the modified proposal for 250 on-site students and 50 home school students at this location would be detrimental to the public's health, safety, and welfare. B. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: 1) The design, location, shape, size, and operating characteristics are suitable for the proposed use; The City Council cannot make this finding because, as proposed, the primary school would operate at a facility located on a site where children, parents, and employees would be required to traverse a portion of the subject property that would be in unsafe proximity to two high-speed, major arterial highways. The subject site lacks sidewalks, the setbacks for the existing building are inconsistent with the placement of a primary school at the site, there is an absence of on -street parking in the immediate area, and therefore the design, location, and operating characteristics of this site create undue risks to site users and undue burdens to the surrounding uses. Therefore, the City Council finds that the proposed primary school, at this location, is not physically suitable for this site. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS (CEO& Based upon the foregoing facts and findings, the City Council hereby find as follows: A. As the Applicant's proposal is being denied, per Public Resources Code Section 20180(b)(5) and 14 California Code of Regulations 15270(a), CEQA does not apply to this decision. SECTION 4. Based upon the findings of fact, the staff report (including staff report and materials from the Planning Commission hearings), written correspondence, and oral testimony presented at the appeal hearing, the City Council does hereby deny the Applicant's appeal and confirm the Planning Commission decision to deny the project; and the City Council does also deny the Applicant's proposed modification to the project, thereby denying in full Master Case No. 13-075 and its associated entitlements, including CUP 13-005. 3 /_ The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 25th day of November, 2014. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 25th day of November, 2014, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 4 q