Planning Commission Meeting Agenda Packet 05272026

DMA, Inc. Application Attachment 3-10-26.docx I. Project Overview 1. Project Applicant: Fusion Academy (“Fusion” or “Applicant”) is an innovative, fully accredited private school and tutoring educational land use providing simultaneous one-on- one and small group instruction for upper elementary (4th-5th grade only), middle, and high school (“ES,” “MS,” “HS”) students in grades 4-12. For many students, the traditional institutional school model does not fit how they learn best. Fusion Academy was created to provide each student with the ideal student/teacher ratio and educational model to thrive. a. Nationwide Model: Fusion’s model nationwide and here in California includes instruction primarily taught one-to-one, one student and one teacher/tutor per workstation. Occasionally there may be up to four students and one teacher in art or science rooms. These students would otherwise be in individual one-to-one educational sessions but are brought together from those individual sessions to participate in small group art and science instruction. Fusion has been operating a private school and tutoring facility on the first-floor suite 120 for eight years and the entitlement history is detailed below. City Planning Staff are aware that Fusion operates in Suite 120 with discretionary entitlement for a “private school a maximum of 40 students in the suite at any one time” (Personal Communication, Jennifer Hagen, Assoc. Planner, 4-29-19; CUP No. P20-0992). b. Flexible Schedules: Fusion provides flexible schedules for students and staff; unlike a traditional school model, Fusion provides classes where students can begin and end their day on a tailor-made personalized schedule. Few matriculating students are in the tenant suite after 3:00 pm. On occasion when needed, guided study or tutoring for non- matriculating students and those taking classes for credit occurs between 3:00 to 8:00 pm, but rarely later and generally not after 6:00 pm. c. Office Suite Use: Fusion’s educational instruction in an office suite is most similar to tutoring for upper ES through HS subjects, and therefore, commercial office suites work well for this and > 20 Fusion Academies throughout California. 2. Zoning: The subject office building is controlled by the following: a. General Plan Land Use Designation: Mixed Use/Business Park. b. Zoning Designation: PUD-I/C-O (“Planned Unit Development-Industrial/Commercial- Office”). c. Hacienda Business Park (“HBP”) Planned Unit Development (“PUD”): An approximately 855 ac PUD with a maximum buildout of 9,900,000 sq ft of mixed-use development. d. Midrise Office Planning District (“OMPD”): This is the underlying zoning district within the PUD in which the 16.37 ac Hacienda Terrace campus and the subject five-story office building are located. e. Office (“O”) Zoning: In the OMPD, uses are governed as specified in the Office District, which conditionally allows private schools with more than 20 students in the facility at any one time. 3. Entitlement History: In 2018, Suite 120 was entitled “by-right” as a “Private School” use with a maximum occupancy of 20 students and 8 staff onsite at any one time. In 2021, the same land use with a maximum occupancy of 40 students and 15 staff was entitled by a Conditional Use Permit (“CUP”) processed through Planning Commission with no appeal and support of the Hacienda Business Park Owner’s Association (“HBPOA”; CUP No. P20- 0992). 4. Nationwide Governance: Fusion Education Group (“FEG”), the parent company to Fusion Academy, purchased all Futures Academies in Spring 2019, added Futures to its portfolio, and changed those added from Futures to Fusion Academy. This resulted in operation by FEG of 80 nationally located alternative schools, operating as tutoring facilities with MS and