AgdaPkt 2005-05-23 - Laserfiche WebLink

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iA- .z REPORT . . To the Honorable Mayor and City Council From the City Manager May 23, 2005 Subject Appeal of a Use Permit for High Tech High Bayshore, a public charter high school proposing to locate at 890 Broadway. Recommendation Deny the appeal and uphold the Zoning Administrator's decision to approve the Use Permit for High Tech High Bayshore based on Findings contained in this report and received in oral and written testimony, and subject to Conditions of Approval specified in the Notice of Official Action. Background The Zoning Administrator held a public hearing on April 13, 2005 to review an application for a Use Permit for High Tech High Bayshore. High Tech High Bayshore is a pubiic charter high school that proposes to retrofit an existing 30,300 square foot office building into a four-year high school for up to 400 students (100 students per grade). The project site is located on the north east corner of the Broadway and Charter Street intersection. The property is approximately 1.4 acres (59,000 square feet) and is within the Industrial Restricted (IR) Zoning District. Public uses, including schools, are permitted by right in the Industrial Restricted Zoning District, and thus are not subject to City review for land use entitlements, such as through a Use Permit. High Tech High Bayshore's Use Permit is not for the school use in the IR Zoning District; but rather for two proposed aspects of the school's operation: (1) outside uses of the site for recreation and an outside eating area; and (2) reduced parking provisions. The Use Permit was approved on April 19, 2005 (Attachment 1, Notice of Official Action). The Use Permit decision was appealed by an adjacent land owner, Arthur Graham, owner of FP International at 1093 Charter Street, on April 26, 2005 (Attachment 2, Appeal Letter). The appellant cites several issues upon which the appeal is based including safety (specifically the use of hazardous materials in the area); traffic and parking impacts; and land use compatibility concerns, such as compromising the integrity of industrial zoning areas and belief that there will be an associated diminishment of land values. High Tech High has been working with the appellant and their written response to the appeal letter is provided in Attachment 3. Because schools are permitted uses in the IR Zoning District, the High Tech High Use Permit scope is limited to consideration of outside uses and parking requirements. Council's review of this appeal is thus also limited to these two issues. The appellant's issues have been considered by staff and the applicant throughout the