DATE: June 9, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Recommended Approval and Necessary Actions to Allow Establishment of California Crosspoint Middle and High School at 25500 Industrial Boulevard. California Crosspoint Middle and High School (Applicant)/ Lampert 25500 Industrial Blvd, LLC (Owner); Including a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
Recommendation
RECOMMENDATION
That the Planning Commission recommends approval to the City Council of the proposed Zone Change and Administrative Use Permit, and adoption of the attached Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (Attachment IV), subject to Findings described in this staff report and the attached Conditions of Approval (Attachment II).
Body
SUMMARY
The proposed project consists of a zone change request from Industrial District to PD (Planned Development) District to allow California Crosspoint Middle and High School (CCMHS), a private middle and high school, to occupy the former Heald College campus at 22500 Industrial Boulevard, which has been vacant since April 2015. Future phases of the project would involve construction of a gymnasium/community center and a residential dormitory to house up to 150 students and staff. The site is located on the west side of Industrial Boulevard at the edge of the Industrial District and shares much of its property boundary with multi-family residential uses. The site and setting are appropriate for the proposed use which would result in establishment of an internationally recognized college preparatory school in Hayward positioning the City as a leader in educational opportunities both regionally and internationally. The proposed project includes an Administrative Use Permit (AUP) with mitigation measures and conditions of approval to minimize and potential for nuisances related to the school that would take effect upon approval of the PD District rezoning.
BACKGROUND
Council Economic Development Committee Review: The proposed project was presented to the Council Economic Development Committee <https://hayward.legistar.com/LegislationDetail.aspx?ID=2530751&GUID=1280F064-6021-478A-8BB7-DE4BD9B400F8> (CEDC) on December 7, 2015. As reflected in the minutes, <https://hayward.legistar.com/LegislationDetail.aspx?ID=2559080&GUID=436CCC7D-5412-4F9C-A1BC-B613912CFB4E> the CEDC was supportive of the proposed project. Stated benefits of the project included establishment of an internationally recognized, top performing school in Hayward; the school’s unique partnership with sister schools in Southeast Asia that would bring global students and connections to Hayward; and opportunities for collaboration with nearby Chabot College and the Hayward Promise Community to expand opportunities for low-income Hayward students. The Committee expressed concern about the residential dormitory element and directed staff to include buffers from adjacent properties and elements to make it a safe, livable space, and to include sustainable site elements to the greatest extent possible.
Public Meeting: On Saturday, February 6, 2016, a public meeting was held at the proposed project site to provide information about the proposed school and to take neighbor comments on the project. Notices about the public meeting were sent to all property owners, businesses and residents within a 300-foot radius of the project site, as well as interested parties. City and school staff and supporters attended the meeting; however, there were no members of the public present.
DISCUSSION AND STAFF ANALYSIS
Existing Conditions: The 5.5-acre project site is located at 25500 Industrial Boulevard (Assessor Parcel Number 441-0055-017-00). The site is currently developed with a 59,012 square foot, two-story structure built in 2001 to house Heald College. The well-maintained structure contains classrooms, laboratories, a student lounge and kitchen facility, administrative offices and restrooms. The structure is surrounded by a surface parking lot with 443 parking spaces and site landscaping.
Surrounding land uses include two small industrially zoned properties to the north (4.3 acres, occupied by a restoration contractor warehouse) and south (one-half acre developed with a multi-tenant building occupied by an auto repair and furniture sales businesses) of the site. Single family and multi-family residential uses are located north, east and south of the project site. Anthony W. Ochoa Middle School, Eden Gardens Elementary School and Chabot College are located within one-half mile of the project site. A truck terminal and warehouse is located on industrially zoned land across the approximately 75-foot wide Industrial Boulevard to the west of the project site.
Zoning and General Plan: The proposed project site is zoned I (Industrial) District, which is intended to promote a desirable and attractive working environment with a minimum of detriment to surrounding properties. Vocational schools for individuals above 12th grade are conditionally permitted in the I District; however, K-12 Educational Facilities are not permitted.
The site has an Industrial Technology and Innovation Corridor General Plan land use designation. Educational facilities are not specifically listed as a supporting use in the applicable General Plan description; however, the General Plan also notes that the absence of the specific use from the description should not be interpreted to preclude land uses or developments without consideration of the site, the surrounding neighborhood and the guiding principles, goals and policies of the General Plan. Thus the specific site and surrounding uses are essential in determining compatibility and fulfillment of City goals and policies.
The proposed project, which includes an educational campus with ancillary uses, is consistent with General Plan policies that would support the proposed project including General Plan policies that support complete neighborhoods (Land Use (LU)-3.1); mixes of uses and activities (LU-5.1); flexible land use regulations (LU-5.2); and adaptive reuse of existing buildings (LU-5.6). Other applicable Goals and Policies are relate to improving Hayward’s “education-to-job bridge” through community partnerships that prepare students and residents for the future economy (Education and Lifelong Learning Goal 4); and Economic Development Goal 5, to encourage economic investment by enhancing the image and reputation of Hayward, which would be bolstered by the establishment of an internationally recognized, college preparatory campus in the community.
It is important to note that the General Plan also contains Policy LU-6.5, Incompatible Uses, related to protecting the Industrial Technology and Innovation Corridor from the encroachment of uses that would impair industrial operations or create future land use conflicts. However, as described under the Proposed Project - Zone Change Section below, staff believes that the specific site, structure, and immediate setting and surrounding uses are compatible with the project as proposed.
Project Description: The proposed project includes rezoning to PD District to expand the potential uses on the site to include K-12 schools to allow for establishment of the private school, subject to an AUP.
Zone Change: The purpose of the PD District is establish development procedures and standards whereby lands may be developed most appropriately to maintain and enhance the advantages of a site; and, to allow a diversification in the relationship of uses that may not be achievable under other zoning districts.
Staff believes that the proposed zone change to allow the private school campus with ancillary gymnasium and residential dormitory use is appropriate for the specific site and is consistent with the underlying Industrial Technology and Innovation Corridor General Plan land use designation based on the site characteristics and immediate setting. Specifically, the proposed large scale school campus would re-use an existing building that was designed to accommodate an educational use. In addition, other public assembly uses that are very similar to educational facilities, such as cultural centers, recreation centers, and churches, are conditionally permitted in Industrial areas depending on land use compatibility. Land use compatibility is defined as a condition in which land uses can coexist in relative proximity to each other such that no use is negatively impacted by another. When reviewing uses for land use compatibility, staff considers noise, air quality, proximity of and exposure to hazardous materials, and odors among other factors in formulating a determination.
The project site is located at the western edge of the Industrial Corridor (Attachment V) and is separated from major industrial uses by a major arterial, Industrial Boulevard, right-of-way. It is sandwiched between two small industrial sites, which are being used as a contractor, auto repair and furniture wholesale establishment. The relative distance of the proposed project site from the Industrial District core would minimize any potentially negative impact from establishment of the school on the Industrial District as a whole.
Staff believes that there is positive land use compatibility between the proposed use and the immediately adjacent residential and educational land uses. Specifically, the project site shares 880 lineal feet of property boundary with an adjacent multi-family residential complex and the proposed residential dormitory element would be nestled along that shared property line. In addition, the project site is located within one-half mile of three schools which poses opportunities for collaboration and shared use of facilities. Overall, staff believes that the school would provide a good buffer between Industrial Boulevard and industrial uses generally located to the west of the neighborhood and the residential neighborhoods east of the project site.
School Operations: CCMHS is a private, college preparatory school established in 1979. The school currently operates in the City of Alameda with an enrollment of approximately 200 high school students. If approved, CCMHS would move current operations from Alameda to the Hayward campus location for the upcoming school year.
The proposed school would operate Monday through Friday, mid-August through the end of May with typical breaks for holidays and staff training. A summer program would run from mid-June through the end of July. The typical school day would run from 8:20 a.m. to 3:20 p.m. during the school year and from 8:30 a.m. to 12:30 p.m. during the summer program. Staff is expected to arrive on the campus as early as 7:00 a.m. and some staff and students will stay on campus for extracurricular activities on weeknights until about 6:00 p.m.
Students would arrive at and leave the school either by private vehicle or school shuttle. The school will operate a shuttle service with pick-up at two different stops in San Leandro and Alameda. About 80% of the current school population lives within the catchment area of the planned shuttle locations. If future enrollment changes the catchment area, the school may relocate shuttle locations. The school will operate under a closed campus policy, thus students will not leave the campus for lunch.
Project Phasing: The proposed project would occur over three phases. Phase 1 would include initial occupation of the building in August 2016 with a total of 250 students (200 high school students and 50 middle school students). Student capacity would increase through growth in enrollment, which is estimated at 10% per year. Ultimately, the school would grow to about 600 students at full build-out, which would take about eight to ten years at the projected rate of growth. At full build out, there would be a total of 70 staff members with about 55 staff members on the campus at any one given time.
Occupation of the existing structure would not require major interior tenant improvements, and it is sized to accommodate the school at full build-out. Minimal Phase 1 site improvements would include installation of an eight-foot tall wrought iron security fence/gate and installation of moveable basketball standards in the northern parking lot for outdoor Physical Education classes and recreation areas for students (Attachment III, Page 1).
Phase 2 (expected completion in 2019) would include construction of an approximately 42,000 square foot, two-story community center with gymnasium, fitness center, assembly hall, commercial kitchen and multi-use classrooms and related site modifications (see Attachment III, Page 2). The community center would be used for school-related athletics and fitness courses; community uses and events; and, if there is a demonstrated community need and demand, a pre-school for up to fifty children.
Phase 3 (expected completion in 2021) would include construction of an approximately 56,100 square foot, three-story dormitory residence hall for approximately 140 students and ten staff members, a student plaza and related site modifications (see Attachment III, Page 3). The residence hall would have 80 to 100 rooms, a dining hall, recreation room and lounge.
Staff recommends specific conditions to ensure that subsequent phases of development are consistent with applicable development and performance standards and design guidelines. Subject to proposed Condition of Approval No. 21, Phases 2 and 3 described above would undergo project/phase-specific Site Plan Review. The ultimate locations, heights and size of the proposed structures may shift on the site; however, they will not be larger than described in this staff report and the Initial Study prepared for the project. Proposed Condition No. 23 would require that the applicant submit a Master Site Plan showing pedestrian walkways, plazas and outdoor gathering areas, parking areas and a circulation and queuing plan with the first Site Plan Review application (for Phase 2). To support environmental sustainability on the site, staff also recommends that new structures include photovoltaic panels or other alternative energy systems (Condition No. 24), which is consistent with City priorities to minimize stationary source emissions from the site.
Parking: Pursuant to HMC Section 10-2.330, parking requirements for schools are as follows:
- High School - one parking space per every four students;
- Middle School - one parking space per every 1.2 classrooms; and,
- Pre-School - one parking space per every four students plus a drop off area.
In Phase 1, there would be 200 high school students and 20 middle school and specialty classrooms (science, art, robotics, and machine shop) that would be used by various classes on a rotational basis, resulting in a parking requirement of 74 stalls. As noted above, there are 443 parking spaces on the site which exceeds the Phase 1 parking requirement.
Each subsequent phase would require elimination of parking spaces to provide space for the new structures on the site. At build out, there would be 400 high school students (100 spaces required); 150 middle school students (24 parking spaces for 20 middle school and specialty classrooms); and 50 pre-school students (13 parking spaces required) for a total of 133 required parking spaces.
The proposed plans (Attachment III) show the general locations and footprints of potential future structures on the site. While these conceptual plans are not sufficiently detailed to show the site circulation and parking areas, they do show that approximately 175 parking spaces could remain easily on the site with development of additional structures, which exceeds the 133 parking space requirement for the project at build out. Conformance with parking standards would be verified with subsequent Site Plan Review applications.
Circulation and Queuing - The project site would be accessed from three two-way driveways. Two driveways (the central and southern driveways) would be all access and the northern driveway would be right in/right out access. The internal drive aisles are adequately sized to allow for safe turning movements through the site.
To avoid queueing onto Industrial Boulevard during drop-off and pick-up, cars would be directed to enter the site at the southern or central driveway, drive north along the front of the school (approximately 115 lineal feet) where the aisle is wide enough to accommodate passing space around temporarily parked vehicles. If additional queuing space is needed (for example, during pick-up when children come out at different times and vehicles may have to wait slightly longer or for shuttles), an approximately 500 lineal foot relief queuing area is proposed in the parking lot located north of the existing building.
Despite the fact that there appears to be adequate room on the site to accommodate vehicle queuing, there is always potential for spillover onto streets if the drop-off/pick-up process is not managed well. Thus, staff recommends the Commission adopt Condition No. 6 prohibiting queuing onto Industrial Boulevard. If spillover occurs onto public right-of-way, the proposed condition of approval would require submittal of a traffic control plan to re-evaluate the drop-off/pick-up at the school and require implementation of measures such as staggered start times, additional shuttles or others, if deemed necessary.
Findings for the Zone Change to Planned Development District: In order for a PD District to be approved, all of the applicable findings below must be made.
1. The development is in substantial harmony with the surrounding area and conforms to the General Plan and applicable City policies.
The proposed project is appropriate for the specific site in that it would result in re-use of an existing building developed to accommodate such a use. The proposed project is in harmony with the adjacent residential and educational uses and would result in construction of a gymnasium and community center and daycare that would be made available to the community. In addition, establishment of a high achieving, college preparatory school with international ties would result in economic investment by enhancing the City’s image and reputation in the region and offer opportunities for community/school/business partnerships and investment.
The project is consistent with the existing General Plan designation and policies related to land use, educational and economic development, specifically:
Land Use Policy 3.1 - Complete Neighborhoods. The City shall promote efforts to make neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed-use developments.
Land Use Policy 5.1 - Mix of Uses and Activities. The City shall encourage a mix of retail, service, dining, recreation, entertainment, and cultural uses and activities in regional and community centers to meet a range of neighborhood and citywide needs.
Land Use Policy 5.2 - Flexible Land Use Regulations. The City shall maintain flexible land use regulations that allow the establishment of economically productive uses in regional and community centers.
Land Use Policy 5.6 - Adaptive Reuse, Renovation or Redevelopment. The City shall support the adaptive reuse, renovation, or redevelopment of community and regional shopping centers that are no longer viable due to changing market conditions, demographics, or retail trends. The City shall consider alternative land uses if market conditions limit the feasibility of commercial uses.
Education and Lifelong Learning Goal 4. Improve Hayward’s “education-to-job bridge” through community partnerships that prepare students and residents for the future economy and expand their career choices.
Economic Development Goal 4. Develop a robust college-town economy through “town-gown” and “communiversity” partnerships.
Economic Development Goal 5. Encourage economic investment by enhancing the image and reputation of Hayward.
2. Streets and utilities, existing or proposed, are adequate to serve the development.
The proposed project site involves re-use of an existing structure. Future phases involve development of the in-fill site which is surrounded by existing streets and utilities with adequate capacity to serve the proposed development.
3. The development creates a residential environment of sustained desirability and stability, that sites proposed for public facilities, such as playgrounds and parks, are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereon, and the development will have no substantial adverse effect upon surrounding development.
Initial establishment of the school would not include a residential component; however, future phases of the school would include construction of a gymnasium/community center and a residential dormitory for students and staff. The residential dormitory would be incidental to the school use and would only serve students and staff attending school and working at the school. The proposed dormitory would be located adjacent to existing multi-family residential uses and would include a student plaza and outdoor common areas use by the residents, students and staff at the site. In addition, a gymnasium and community center on the site which would be developed prior to the residential dormitory would offer recreational opportunities that would create a stable and desirable campus for residents and day students alike.
4. Any latitude or exception(s) to development regulations or policies is adequately offset or compensated for by providing functional facilities or amenities not otherwise required or exceeding other required development standards.
The applicant is not seeking deviation from the applicable development standards. Rather the proposed project seeks flexibility in the allowed uses to establish a K-12 private school with ancillary uses at the site. The location of the project site, adjacent to multi-family residential uses and in close proximity to other educational facilities make it appropriate for the proposed school use, subject to an administrative use permit.
Findings for the Administrative Use Permit (AUP) - Pursuant to HMC Section 10-1.3100, all of the following findings shall be made by the approving authority prior to approval of an AUP.
1. The proposed use is desirable for the public convenience or welfare in that it would result in the establishment of a highly regarded, college preparatory middle and high school in Hayward that will benefit local students and attract families to the community. Future phases of the development would result in construction of a gymnasium and community center that would be made available for social, athletic, recreational, civic and cultural activities for the community at large. Further, the school has numerous sister schools in Southeast Asia that would offer extension programs to and from those countries thereby establishing deep connections between Hayward and international communities that could result in increased investment and economic benefits to the City.
2. The proposed use will not impair the character and integrity of the zoning district and surrounding area in that it would result in re-use of a structure built to accommodate an educational use with a similar use. There is positive land use compatibility between the proposed school and ancillary uses and the adjacent residential and nearby educational uses. The proposed use would not negatively impact the adjacent Industrial and Residential Districts in that it is located at the edge of both of those zoning districts and would act as a buffer between the typically incompatible zoning districts.
3. The proposed use will not be detrimental to the public health, safety or general welfare in that the school will re-use a well-maintained and appropriately sized building to accommodate an educational use; and in that conditions of approval will require that new structures be subject to Site Plan Review to ensure that they are sited appropriately to minimize noise and air emissions impacts and to prohibit queuing onto Industrial Boulevard during high volume drop off and pick-up times; and
4. The proposed use is in harmony with applicable City policies and intent and purpose of the zoning district involved in that the proposed use would be conditionally permitted in a newly established PD District that is intended to allow the specific use in this specific location. The proposed project is in appropriate for the site in that it would result in re-use of an existing building developed to accommodate such a use. The proposed project is in harmony with the surrounding area in that the proposed project is compatible with the adjacent residential uses and can serve as a buffer to the industrial uses primarily located west of the project site. In addition, establishment of an internationally recognized, college preparatory school with ties to sister schools in Southeast Asia would result in economic investment by enhancing the City’s image and reputation in the region and offer opportunities for community/school/business partnerships.
SUSTAINABILITY FEATURES
1. Energy: Electricity/Natural Gas/Other Fossil Fuels.
The proposed project involves a rezoning request to allow re-use of an existing developed site. According to recommended Condition of Approval No. 24, future phases of the project will be required to install solar panels or an alternative energy system to reduce stationary source emissions.
2. Water: Efficiency and Conservation.
The project which involves re-use of an existing developed site. Future phases of development will be required to meet or exceed City code requirements with respect to water efficient landscaping, as well as CalGreen standards for water use.
3. Air: Air Emissions of Pollutants.
The project involves re-use of an existing developed site. In Phase 1, the school will operate a shuttle system in order to reduce single occupancy vehicle travel to the site thus reducing mobile source emissions and related greenhouse gases. In addition, construction-related mitigation measures are included as Conditions of Approval of the school and all future phases of development, which would reduce air emissions of pollutants.
4. Solid Waste: Waste Diversion and Reduction.
The proposed project has a trash enclosure sized to accommodate three waste stream bins (trash, recyclables and organics) and will include separated receptacles within the structure.
5. Transportation: Consistent with the City’s Complete Streets Policy.
The project does not involve creation of any new public right-of-way and would thus not result in modification of any City streets. Future phases of development will be reviewed for on-site pedestrian and bicycle connections for students, staff and residents pursuant to Condition No. 23.
ENVIRONMENTAL REVIEW
An Initial Study evaluating the potential environmental impacts of this project was prepared in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15063 (a)(1), all phases of the project were considered in the Initial Study.
The Initial Study found that the proposed project would result in potential impacts in the areas of Air Quality, Geology/Soils, Noise and Transportation/Traffic as well as Mandatory Findings of Significance, and contains mitigation measures reducing the identified impacts to a level of less than significant and that were included as conditions of the approval of the project. It is important to note that Impacts Trans-1 and Trans-2 involve a Caltrans-owned facility (Industrial Boulevard at State Route 92 West Bound Ramps) that is projected to operate unsatisfactorily under both Background Conditions (Year 2021) and Cumulative Conditions (Year 2035). The proposed mitigation measures for these identified impacts involve minor optimization of signal timing which falls under Caltrans’ jurisdiction. A copy of the traffic study prepared for the project was provided to Caltrans two weeks before the release of the Initial Study and the formal 30-day public review process.
A Notice of Intent to Adopt a Negative Declaration (NOI) was filed with the Alameda County Clerk and the State Clearinghouse on May 16, 2016 for the requisite 30-day public review. On May 16, 2016, the NOI and the Initial Study were posted at City Hall and delivered to the Hayward libraries. Copies of the NOI were sent to interested parties and property owners within 300 feet of the project site and published in The Daily Review on May 20, 2016.
At this point in the review process, the City has not received any public or agency comments on the IS/MND; however, the public comment period for the proposed Negative Declaration and Initial Study extends through June 14, 2016. CEQA Guidelines Section 15074, states that an advisory body making a recommendation to the decision-making body shall solely consider, rather than adopt, the Mitigated Negative Declaration before making its recommendation. Typically, the City does not seek recommendations from the Planning Commission until the completion of the comment period; however, City staff felt that an exception to this standard process was warranted in this instance due to significant time constraints related to preparation for the upcoming school year. In addition, City staff has not received any negative feedback or concerns from surrounding property and business owners and residents related to the project.
A copy of the Draft Initial Study, NOI, Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Plan (MMRP) are attached to this report for the Commission’s review and consideration (Attachment IV).
PUBLIC OUTREACH
On December 22, 2015, initial notices of the proposed project were sent to 671 property owners, businesses and residents within a 300-foot radius of the project site, as well as interested parties in the neighborhood. City staff received an inquiry from an adjacent business park property manager. The property manager asked for project details and informed staff that he wanted the site and building to be well-maintained and project a good image.
On May 20, 2016, a notice related to the release of the Initial Study, MND and this public hearing were sent to all property and business owners and residents within a 300-foot radius of the project site, to all interested parties, and was published in The Daily Review.
NEXT STEPS
Following the Planning Commission hearing, the City Council is expected to consider the proposed project, along with the Planning Commission’s recommendation, at a noticed public hearing. The tentative date for this hearing is June 28, 2016.
If approved by the Council, Phase 1 of the proposed school will be immediately established, subject to the approved Conditions of Approval, to accommodate the inaugural class starting in fall 2016.
Staff contact
Prepared by: Leigha Schmidt, AICP, Senior Planner
Approved by:
Sara Buizer, AICP, Planning Manager
David Rizk, AICP
Development Services Director
end
Attachments:
Attachment I - Area and Zoning Map
Attachment II - Recommended Conditions of Approval
Attachment III - Project Plans
Attachment IV - Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan. Please see the ’Citys CEQA Review Webpage <http://www.hayward-ca.gov/content/projects-under-environmental-review-0> for all appendices.
Attachment V - Industrial Technology and Innovation Corridor Context Map