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DATE ISSUED: August 14, 2019 REPORT NO. HO-19-
HEARING DATE: August 21, 2019
SUBJECT: KIPP ACADEMY CUP - Process Three Decision
PROJECT NUMBER: 632187
OWNER/APPLICANT: KIPP San Diego, Owner/Applicant
SUMMARY
Issue: Should the Hearing Officer approve a Conditional Use Permit for an increase in student enrollment, from 300 to 500 students and expand to grades K-9, at an under- construction charter school located at 426 Euclid Avenue, in the Encanto Neighborhoods Community Plan area?
Staff Recommendation: Approve Conditional Use Permit No. 2319946.
Community Planning Group Recommendation: On March 18, 2019, the Chollas Valley Community Planning Group voted 8-2-1 to recommend approval of the proposed project without recommendations (Attachment 6).
Environmental Review: This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 15332 (In-Fill Development) (Attachment 5). This project is not pending an appeal of the environmental determination. The environmental exemption determination for this project was made on June 20, 2019, and the opportunity to appeal that determination ended July 5, 2018.
BACKGROUND
The 1.54-acre project site is located at 426 Euclid Avenue and developed within Lot 2 in the Market Creek Plaza development, included in the original Southeastern San Diego Planned District Permit/Resource Protection Ordinance No. 99-0156 which permitted the construction of a neighborhood shopping center and associated mixed-use transit-oriented development approved by City Council in 1999. The site is accessed from driveways along Euclid Avenue and Market Street. The site is in the CC-3-6 zone, which allows for educational facilities. The Encanto Neighborhoods Community Plan and the Euclid and Market Land Use and Mobility Plan designates the site for commercial development (Attachment 1-3).
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The site is also governed by several approvals including the original Southeastern San Diego Planned District Permit/Resource Protection Ordinance No. 99-0156, the Trolley Residential Planned Development Permit (PDP) / Site Development Permit (SDP) No. 179950 (PDP No. 648152/SDP No.
- and the approved Substantial Conformance Review No. 627862.
In 2018, approval of Substantial Conformance Review No. 627862 was granted to construct an educational facility with a maximum enrollment of 300 students in grades 5-8. The school consists of a 27,110-square foot, two-story building with 20 classrooms, administration offices, and cafeteria support facilities. Grading and Building permits were approved by the City in February 2019, for the construction of the facility.
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The proposed increase in the number of students will further the guiding principles of the Community Plan. The proposed project implements the land use goals of the Community Plan by providing an increased number of residents with access to educational facilities in close proximity to their home. This contributes to the integration of surrounding commercial and residential uses which will benefit from the higher enrollment at the neighboring school.
The project site is within the Euclid Avenue Key Corridor, where a high level of accessibility is conducive to allowing more students to attend the school. With the Euclid Avenue Trolley Station located across the street from the school, students will be more inclined to use public transit as their method of transportation. Additionally, Policy P-LU-3 of the Community Plan will be furthered by the proposed project since more students may travel to school by way of the trolley, decreasing the number of students that need to be driven to school. Because of the higher density residential development encouraged in the Community Mixed Use areas, the proposed increased enrollment at the school will be necessary.
The Community Plan’s Public Facilities, Services and Safety Element goal for educational facilities is stated as the provision of a system that offers quality education in an equitable, technologically equipped, aesthetically pleasing, sustainable, supportive of optimal teaching, safe, healthy environment. The community plan policy recognizes the opportunity for diverse schools should be available to students to make the choice of a neighborhood school as well as school in an educational setting outside of the student’s neighborhood. The proposed school provides an additional educational option for students and families both local and regional. Therefore, the proposed charter school is consistent with the Encanto Neighborhoods Community Plan and the General Plan.
CONCLUSION Staff has reviewed the proposed project and all issues identified through the review process have been resolved in conformance with relevant City Council policies and regulations of the Land Development Code. Staff has provided draft findings (Attachment 3) and draft conditions (Attachment 4) to support approval of the project. Staff recommends the Hearing Officer approve the project as proposed.
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ALTERNATIVES
- Approve Conditional Use Permit No. 2319946, with modifications.
- Deny Conditional Use Permit No. 2319946, if the findings required to approve the project cannot be affirmed.
Respectfully submitted,
__________________________________________
Anthony Bernal Development Project Manager
Attachments:
- Project Location Map
- Project Aerial Photo
- Community Plan Land Use Map
- Draft Resolution with Findings
- Draft Permit with Conditions
- Environmental Determination - Notice of Right to Appeal
- Community Planning Group Recommendation
- Ownership Disclosure Statement
- Development Plans
Aerial Photo (^) North
ATTACHMENT 2
KIPP ACADEMY CUP
PROJECT NO. 632187
Project Site
Land Use Map (^) North
ATTACHMENT 3
KIPP ACADEMY CUP
PROJECT NO. 632187
Project Site
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BE IT RESOLVED by the Hearing Officer of the City of San Diego, that it adopts the following
findings with respect to Conditional Use Permit No. 2319946:
CONDITIONAL USE PERMIT [SDMC Section 126.0305]
Findings for all Conditional Use Permits:
a. The proposed development will not adversely affect the applicable land use plan.
The requested Conditional Use Permit would allow for an increased student enrollment from 300 to 500 students and staff and expansion from grades 5-8 to K-9 in an under- construction 27,110-square foot building for a charter school. The 1.54-acre site includes an under-construction, 27,110-square foot, two-story building with 20 classrooms, administration offices, and cafeteria support facilities, pursuant to Substantial Conformance Review No. 627862. No building expansion or development footprint changes are proposed with this application.
The Encanto Neighborhoods Community Plan (Community Plan) designates the site for community mixed use development. The project proposes to increase the maximum number of students that may be enrolled at the charter school to allow the school to better serve the needs of the community. The proposed increase in the number of students will further the guiding principles of the Community Plan. Creating additional educational opportunities for students in K-9 will foster high educational attainment for younger generations. The proposed project implements the land use goals of the Community Plan by providing an increased number of residents with access to education in close proximity to their home.
With its location in the Euclid Avenue Key Corridor, the high level of accessibility in this area is conducive to allowing more students to attend the school. Policy P-LU-3 of the Community Plan will be furthered by the proposed project since more students may travel to school by way of the trolley thereby decreasing the number of students that need to be driven to school. With higher density residential development encouraged in the Community Mixed Use areas, the proposed increased enrollment at the school will be necessary to serve such residents.
Three of the five key concepts of the urban design element framework of the Community Plan are to build around transit stations, focus activity at critical intersections, and make Euclid Avenue a gateway to the community. Increasing enrollment will draw more residents to the critical intersection of Euclid and Market and further establishes Euclid Avenue as the gateway to the community. The school will further support the intersection of Euclid Avenue and Market Street and create a community village that supports a mix of uses, great pedestrian activity, transit-oriented development and a sense of place.
The Public Facilities, Services and Safety element of the Community Plan focuses on making the Encanto Neighborhood a healthy community with a strong foundation of
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public and quasi-public facilities and services. The proposed project will achieve the guiding principle of the Community Plan to foster high educational attainment for younger generations by creating additional educational opportunities with increased enrollment. Greater access to schools for more residents will promote student learning and employment skills. This element of the Community Plan recognizes that as new housing is constructed access to adequate educational facilities will need to be increased.
Therefore, the proposed development is compatible use for this location and consistent with the Community Plan and will not adversely affect the applicable land use plan.
b. The proposed development will not be detrimental to the public health, safety, and welfare.
The requested Conditional Use Permit would allow for an increased student enrollment from 300 to 500 students and staff and expansion from grades 5-8 to K-9 in an under- construction 27,110-square foot building for a charter school. The project site is located in a developed commercial area and is served by all existing utilities and developed rights-of-way.
On February 28, 2019, Project No. 620013 (Building Permit No. 2208124, Electrical Permit No. 2208130, Mechanical Permit No. 2208131, and Plumbing Permit No. 2208132) was approved to construct a new two-story building. The proposed project will not be detrimental to the public health, safety, and welfare in that the permit controlling the use of the project site as a charter school contains specific conditions addressing compliance with the City’s codes, policies, and regulations, as well as other regional, state and federal regulations to prevent detrimental impacts to the health, safety and general welfare of persons residing in and/or working in the area. Conditions of approval require compliance with several development controls, including the review of construction plans by professional staff to determine compliance with all regulations and the inspection of construction to assure permits are implemented in accordance with the approved plans.
Additionally, the project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Development Projects. Therefore, the proposed development will not be detrimental to the public health, safety, and welfare.
c. The proposed development will comply with the regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code.
The requested Conditional Use Permit would allow for an increased student enrollment from 300 to 500 students and staff and expansion from grades 5-8 to K-9 in an under- construction 27,110-square foot building for a charter school. The site is in the CC-3- zone within the Encanto Neighborhoods Community Plan. A school is allowed as a limited use in the CC-3-6 zone with the approval of a CUP in accordance with San Diego Municipal Code (SDMC) Section 141.0407(b)(3). The proposed student increase use is
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BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Hearing
Officer, Conditional Use Permit No. 2319946 is hereby GRANTED by the Hearing Officer to the
referenced Owner/Permittee, in the form, exhibits, terms and conditions as set forth in Conditional
Use Permit No. 2319946, a copy of which is attached hereto and made a part hereof.
Anthony Bernal Development Project Manager Development Services
Adopted on: August 21, 2019
IO#: 24008094
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RECORDING REQUESTED BY
CITY OF SAN DIEGO
DEVELOPMENT SERVICES
PERMIT INTAKE, MAIL STATION
WHEN RECORDED MAIL TO
PROJECT MANAGEMENT
PERMIT CLERK
MAIL STATION 501
INTERNAL ORDER NUMBER: 24008094 SPACE ABOVE THIS LINE FOR RECORDER'S USE
CONDITIONAL USE PERMIT NO. 2319946
KIPP ACADEMY CUP - PROJECT NO. 632187
HEARING OFFICER
This Conditional Use Permit No. 2319946 is granted by the Hearing Officer of the City of San Diego to KIPP San Diego, Owner/Permittee, pursuant to San Diego Municipal Code [SDMC] sections 141.0407 (Separately Regulated Uses) and 126.0305 (Conditional Use Permit). The 1.54-acre site is located at 426 Euclid Avenue in the CC-3-6 zone within the Southeastern Community Plan. The project site is legally described as: Parcel 1 of Map 18812 recorded in the Office of the County Recorder of San Diego County on October 5, 2001 and the 25-foot wide access easement benefiting said Parcel 1 and burdening Parcel 2 of said Map 18812 as shown on said Map 18812, filed in the Office of the San Diego County Recorder on January 24, 2005.
Subject to the terms and conditions set forth in this Permit, permission is granted to Owner and Permittee to operate a charter school within an existing commercial building, described and identified by size, dimension, quantity, type, and location on the approved exhibits [Exhibit "A"] dated August 21, 2019, on file in the Development Services Department.
The project shall include:
a. Operation of a charter school with a maximum enrollment of 500 students, K through 9th grade, with teachers/staff employees within an existing 27,110-square-foot commercial building;
b. Off-street parking;
c. Public and private accessory improvements determined by the Development Services Department to be consistent with the land use and development standards for this site in accordance with the adopted community plan, the California Environmental Quality Act [CEQA] and the CEQA Guidelines, the City Engineer’s requirements, zoning regulations, conditions of this Permit, and any other applicable regulations of the SDMC.
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discretionary body shall have the absolute right to approve, disapprove, or modify the proposed permit and the condition(s) contained therein.
- The Owner/Permittee shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify Owner/Permittee of any claim, action, or proceeding and, if the City should fail to cooperate fully in the defense, the Owner/Permittee shall not thereafter be responsible to defend, indemnify, and hold harmless the City or its agents, officers, and employees. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Owner/Permittee shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Owner/Permittee regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Owner/Permittee shall not be required to pay or perform any settlement unless such settlement is approved by Owner/Permittee.
CLIMATE ACTION PLAN REQUIREMENTS:
- Owner/Permittee shall comply with the Climate Action Plan (CAP) Consistency Checklist stamped as Exhibit "A." Prior to issuance of any construction permit, all CAP strategies shall be noted within the first three (3) sheets of the construction plans under the heading “Climate Action Plan Requirements” and shall be enforced and implemented to the satisfaction of the Development Services Department.
PLANNING/DESIGN REQUIREMENTS:
- Prior to Occupancy, the Owner/Permitee shall execute a Deferred Improvement Agreement or construct approximately 230 feet of the Chollas Creek Trail on the project site per the Multi-Use Trail Exhibit, subject to the satisfaction of the City Engineer.
- Owner/Permittee shall maintain a minimum of 34 off-street parking spaces on the property at all times in the approximate locations shown on the approved Exhibit “A.” Parking spaces shall comply at all times with the SDMC and shall not be converted for any other use unless otherwise authorized by the appropriate City decision maker in accordance with the SDMC.
- A topographical survey conforming to the provisions of the SDMC may be required if it is determined, during construction, that there may be a conflict between the building(s) under construction and a condition of this Permit or a regulation of the underlying zone. The cost of any such survey shall be borne by the Owner/Permittee.
- All signs associated with this development shall be consistent with sign criteria established by either the approved Exhibit “A” or City-wide sign regulations.
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- All private outdoor lighting shall be shaded and adjusted to fall on the same premises where such lights are located and in accordance with the applicable regulations in the SDMC.
TRANSPORTATION REQUIREMENTS:
- All automobile, motorcycle and bicycle parking spaces must be constructed in accordance with the requirements of the SDMC. All on-site parking stalls and aisle widths shall be in compliance with requirements of the City's Land Development Code and shall not be converted and/or utilized for any other purpose, unless otherwise authorized in writing by the appropriate City decision maker in accordance with the SDMC
INFORMATION ONLY:
- The issuance of this discretionary permit alone does not allow the immediate commencement or continued operation of the proposed use on site. Any operation allowed by this discretionary permit may only begin or recommence after all conditions listed on this permit are fully completed and all required ministerial permits have been issued and received final inspection.
- Any party on whom fees, dedications, reservations, or other exactions have been imposed as conditions of approval of this Permit, may protest the imposition within ninety days of the approval of this development permit by filing a written protest with the City Clerk pursuant to California Government Code section 66020.
- This development may be subject to impact fees at the time of construction permit issuance.
APPROVED by the Hearing Officer of the City of San Diego on August 21, 2019, and Resolution No. XX-XX-XXXX.
THE CITY OF SAN DIEGO
DATE OF NOTICE: June 20, 2019
NOTICE OF RIGHT TO APPEAL
ENVIRONMENTAL DETERMINATION
PROJECT NO: PROJECT NAME: COMMUNITY PLAN AREA: COUNCIL DISTRICT: LOCATION:
DEVELOPMENT SERVICES DEPARTMENT
10 No.: 24008094
KIPP Academy CUP Encanto Neighborhoods 4 404 Euclid Avenue, San Diego, CA 92114
PROJECT DESCRIPTION: A Conditional Use Permit for an increase in student enrollment from 300 to 500 students in a building that is under construction for use a schoo l. The 1.54-acre site is located in the CC-3 -6 base zone.
ENTITY CONSIDERING PROJECT APPROVAL: City of San Diego Development Services Department Hearing Officer
ENVIRONMENTAL DETERMINATION: Ca tegorically ex empt from CEQA pursuant to State CEQA Guidelines, Section 15332 (In-Fill Development Projects).
ENTITY MAKING ENVIRONMENTAL DETERMINATION: City of San Diego Development Services Department
STATEMENT SUPPORTING REASON FOR ENVIRONMENTAL DETERMINATION: The project has been determined to be ex empt from CEQA pursuant to Section 15332 of CEQA Guidelines. Section 15332 applies to projects that are characterized as in-fill development and meet the following conditions: 1) the project is consistent with the applicable general plan and general plan policies and applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a site of no more than 5 acres substantially surrounded by urban uses; 3) the project site ha s no value as habitat for endangered, rare, or threatened species; 4) approva l of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services. None of the exceptions listed in CEQA Guidelines Sectio n 15003.2 apply, therefore this exemption is applicable to the proposed project.
CITY PROJECT MANAGER: MAILING ADDRESS: PHONE NUMBER/E-MAIL:
Anthony Bernal II 1222 First Avenue, MS 501 , San Diego, CA 92101- (619) 446-5147/ AQBernal@sandiego.gov
On June 20, 2019 the City of San Diego made the above-referenced environmental determination pursuant to the California Environmental Quality Act (CEQA). This determination is appealable to the City Council. If you have any questions about this determination, contact the City Development Project Manager listed above.
Applications to appeal CEQA determination made by staff (including the City Manager) to the City Council must be filed in the office of the City Clerk within 10 business days from the date of the posting of this Notice Uuly 5, 2019). The appeal application can be obtained from the City Clerk, 202 'C' Street, Second Floor, San Diego, CA 92 101.
This information will be made available in al ternative formats upon request.
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