CONDITIONAL USE PERMIT NO. 22-11
CATEGOTICAL EXEMPTION
APPLICANT: Brooke Richards (Options For Youth)
LOCATION: 131 N. Azusa Avenue
REQUEST: The applicant is requesting the approval of a Conditional Use Permit (CUP) to allow for the operation of a charter school within a 6,878 square foot commercial tenant space. The charter school would serve as an independent study learning center. 

The applicant is requesting the approval of a CUP to allow the operation of a new charter school within an existing 6,878 square foot tenant space to be located at 131 N. Azusa Avenue, that will be known as Options For Youth. The subject property is located in the Service Commercial Zone and is located along North Azusa Avenue and north of the Interstate 10 Freeway.
 

ITEM	DESCRIPTION
Zoning & General Plan	Zoning: Service Commercial (S-C) General Plan: Commercial
Surrounding Land Uses & Zoning	North: Service Commercial (S-C) East: Service Commercial (S-C) South: Interstate 10 Freeway, Neighborhood Commercial (N-C), Residential Single Family (R-1) West: Residential Single Family (R-1)
Legal Notice	Notices of Public Hearing have been mailed to 46 owners and occupants of properties within 300 feet of the subject site. In addition, the Public Hearing notice was published in the San Gabriel Valley Tribune at least ten (10) days prior to the meeting.

The applicant is requesting the approval of a CUP to allow for the operation of a non-profit public charter school for students in grades 9 through 12 (high school). The proposed charter school would be located at 131 N. Azusa Avenue and would be a registered active charter school with the California Department of Education (CDE). The Municipal Code requires a CUP for a charter school in the "Service Commercial" Zone. The tenant space was previously occupied by a retail use and is currently vacant.

Business Operation:

The applicant has indicated that the charter school will be open five days a week, Monday through Friday, from 8:00 a.m. to 5:00 p.m. and will close on Saturday and Sunday. However, intermittently, Options For Youth will offer Saturday school as needed. The projected staff for the school site would consist of three (3) teachers with one (1) support staff. Staffing levels for the school site would be a total of sixteen (16) on a rotating schedule, with no more than four (4) staff members on-site on any given day. Each teacher would serve a maximum of eight (8) students per one-hour appointment. Appointment times available are 8:00 a.m., 9:00 a.m., 10:00 a.m., 11:00 a.m., 1:00 p.m., and 2:00 p.m. There will be a lunch break from 12:00 p.m. to 1:00 p.m. After the last appointment, teachers are able to grade papers and perform administrative tasks. The interior of the building will consist of a lobby, an open floor office, a non-hazardous laboratory, three (3) individual classrooms, three (3) bathrooms, a break room, four (4) offices, and two (2) storage rooms. 

Students who attend Options For Youth earn course credits and are enrolled in the school until they are able to transfer back to a traditional school, or graduate from Options For Youth with a high school diploma. According to the applicant, a primary characteristic that makes Options For Youth unique is that students can attend Options For Youth schools by choice. All students sign a contract stating their commitment by voluntarily adhering to the enrollment requirements, which include: attendance, work production, test performance, on-site rules, regulations and graduation. The aforementioned rules and regulations enforced at all Options For Youth Schools’ address student behavior within the vicinity of each center. 

Options For Youth offers blended learning, with most of the students’ coursework being independent-study based. Students can receive direct instruction on site in small group instruction classes in different subjects, such as Math, English and Science. Students would come to the school site twice a week, either on a Monday-Wednesday schedule or a Tuesday-Thursday schedule. Moreover, students can attend on a Friday if an extra appointment is needed. It is expected that most students will arrive by public transportation, by bicycle, or by foot. Generally, the students who attend Options For Youth do not own a car.  To assist with transportation, Metro passes and bus passes are offered to students free of charge.

Parking:

The required number of parking spaces based on all existing tenants, including the proposed charter school, within the subject parcel is fifty-four (54) parking spaces. The charter school alone requires twenty (20) parking spaces, based on the following parking ratios:

• In the event that the availability of parking is negatively impacted, the Planning Commission shall review the CUP for the use and may, at its discretion, modify or impose new conditions, or suspend or revoke the CUP pursuant to Section 26-253 of the West Covina Municipal Code.
• The total staff for the charter school shall be sixteen (16) on a rotating schedule, with no more than four (4) staff members on-site at any given time. The total number of students shall be a maximum of eight (8) per one-hour appointment for a total of twenty-four (24) students at any given time.
• No classes or appointments shall be scheduled to begin after 3:00 p.m. All classes and appointments shall end by 4:30 p.m.
• The installation of bicycle racks within the shopping center or indoors within the tenant space to allow students to safely and securely store their bicycles.

Findings necessary for the approval of a Conditional Use Permit are as follows:

a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

The proposed use is consistent with the Service Commercial Zone. The Service Commercial Zone is comprised primarily of retail, commercial, recreational, and business office land uses. The proposed use is a charter school with a floor area of 6,824 square feet. The charter school would provide educational services for primarily high school students to continue their education. The charter school would be located near single-family residences, where it would be a convenience for the neighboring communities and families. The proposed charter school meets all the applicable requirements of the Service Commercial Zone.

b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

The proposed charter school will occupy an existing vacant tenant space. The business hours are primarily Monday through Friday, from 8:00 a.m. to 5:00 p.m. With the conditions of approval, the proposed charter school will not be detrimental to the health, safety, peace, or general welfare of the surrounding residents or business owners.

c. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible there with.

The existing building is adequate in size and is designed to accommodate the charter school. As conditioned, sufficient parking exists on the site to accommodate the charter school use and the other tenants within the center.

d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

The subject property abuts North Azusa Avenue. The site can be accessed via North Azusa Avenue and the West Interstate 10 Freeway. The proposed charter school will not generate a substantial amount of vehicular traffic nor alter present circulation patterns.

e.That the granting of such Conditional Use Permit will not adversely affect the general plan of the City, or any other adopted plan of the City.

The granting of the CUP for the proposed use of a charter school would allow the opportunity for the surrounding community to have access to continue their education that they may not have otherwise. The proposed charter school would not compromise the character of the surrounding neighborhood, nor be detrimental to the surrounding land uses. Allowing the proposed use is consistent with the policies and actions of the General Plan.
 

The City's General Plan Land Use Element designates the subject property for Commercial Uses. The project is consistent with the following General Plan policies:

Policy 2.4: Building on and grow West Covina's regional appeal.

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt, pursuant to Section 15301 (Class 1, Existing Facilities) in that it consists of minor alterations of the existing structure in order to operate the requested use.

Staff recommends that the Planning Commission adopt Resolution No. 23-6122 approving Conditional Use Permit No. 22-11.

Plans may be viewed at the West Covina City Hall Planning Division Counter at 1444 W. Garvey Avenue South, 2nd Floor - Room 208, West Covina CA 91790.