HomeMy WebLinkAbout1976-09-22; Planning Commission; Resolution 1273I/ e e
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PLANNING COMMISSION RESOLUTION NO. 1273
RESOLUTION OF THE PLANNING COMMISSION OF
ING THE CONDITIONAL USE PERMIT TO ALLOW
SCHOOL (MONTESSORI) AS AUTHORIZED BY SECTION 21.42.010(2C) OF THE ZONING ORDINANCE.
THE CITY OF CARLSBAD, CALIFORNIA, CONCERN-
THE OPERATION OF A PRIVATE, ACADEMIC PRE-
CASE NO. : CUP-124 APPLICANT: JEFF CRISMAN (AGENT)
WHEREAS, a verified application for a certain property, t
wit:
Lots 1 , 2. , 3 and 4 of Block 47 of Carlsbad according to the Map thereof No. 635, filed in the Office of the County Recorder of San Diego County, May 2, 1888
has been filed with the City of Carlsbad and referred to the I
ning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in
place specified in said notice on September 22, 1976; and
WHEREAS, at said public hearing, upon hearing and consid
the testimony and arguments, if any, of all persons who desir
to be heard, said Commission considered all factors relating
Conditional Use Permit, found the following facts and reasons
exist:
1) The requested use is necessary and desirable for the dev ment of the community because:
(a) Private educational institutions expand the educati opportunities and choices of the community and the County in general.
2) The requested use is not detrimental to existing uses or uses specifically permitted in the zone in which the prc use is to be located because:
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a) A public school exists in the neighborhood.
b) The structural modifications proposed for the build' on site are in keeping with the neighborhood.
3) The site for the intended use is adequate in size and shi to accommodate the use because:
a) Adequate classroom (1588 sq. ft.) and recreation art exist on site.
b) Adequate off-street parking areas are available on site.
4) All yards, setbacks, landscaping, improvements, and other features necessary to adjust the requested use to existir and permitted future uses in the neighborhood will be prc and maintained because:
a) The proposed school will utilize an existing resider with yards and setbacks sufficient to minimize the I impact on the neighborhood.
b) Maintenance of the setback and yard areas has been n a condition of approval.
5) The street system serving the proposed use is adequate tc properly handle all traffic generated by the proposed us( because:
a) Adjacent City streets are fully improved and have ar adequate unused capacity (3500 Average Daily Traffic to handle the increase in traffic (110 Average Dail) Traffic) caused by the proposed use.
b) The provision of adequate loading areas has been mac a condition of approval.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissior
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and consider the applicable law, the decision of the Planning Commissi is to approve Case No. 124, subject to the following cond tions:
1) The approval is granted for the land described in th application and attachments thereto, and as shown on Plot Plan submitted labeled Exhibit A, dated August 1976. The location of all buildings, fences, recrea areas, parking areas, and other facilities shall be located substantially as shown on the plot plan labe
Exhibit A.
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2)
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W e
Unless the use is commenced not later than one year the date final approval is granted and is diligentl) pursued thereafter, this approval shall automaticall become null and void.
This conditional use permit is granted to the Grace Schools on Montessori and is not assignable to other
Prior to occupancy, the remodeled structure shall bc inspected by the Building and Fire Departments for compliance with all applicable City and State Fire i Building Codes. Occupancy shall not be permitted pu to compliance with applicable sections of the Fire t Building Codes. Under no circumstances shall occupt of any classroom exceed the capacities allowed undel the Codes.
No signs or advertising of any type whatsoever shall erected or installed until plans therefor have been approved by the City of Carlsbad in compliance with applicable City Ordinance.
Operation of the school shall be limited to the houl tween 7:OO A.M. and 6:OO P.M.
Prior to occupancy the applicant shall clean up the and repair the existing fence. The applicant shall thereafter maintain the grounds in a manner acceptat to the Planning Director.
Within two months of commencement of school operatic the applicant shall process an adjustment plat consc dating the lots within the proposed school grounds.
Prior to the issuance of an occupancy permit, the ai cant shall execute a $3000 bond and agreement as security for special striping, signing and curb-pa. necessary for traffic control related to school ope1 and the removal of special striping, signing and CUI painting, and the reconversion of the structure for residential use (conversion of the garage back to garage use) upon termination of the use. The documc shall be in effect for the life of the CUP, and sha' be approved as to form by the City Attorney.
The Planning Director shall conduct an investigatiol the project's operation on or before June 30, 1977, and shall report the results of his investigation tc Planning Commission thereafter. His report shall il any citizen complaints made concerning the use or ti hazards created. The Planning Commission may, upon receipt of the report, conduct a public hearing in accordance with Chapter 21.54 of the Municipal Code consider amendments to or revocation of the Conditic Use Permit.
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11) The applicant shall submit a letter to the Planning Director, which shall be approved by the City Attorn accepting responsibility for, and holding the City harmless from, all damages resulting from commencing the use and modifying the structure prior to expirat
of the appeal period established by the Carlsbad Mun pal Code.
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12) Maximum attendance in the school shall be thirty-fou (34) students. Increase in attendance shall require formal amendment to the Conditional Use Permit.
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13) Students shall be picked up and delivered at the sch as per the attached Student Arrival and Depature Pro cedures letter dated September 22, 1976, Exhibit A, attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City of Carlsbad Planning Commission held on September 22,
1976, by the following vote, to wit:
AYES: Commissioners Jose, L' Heureux , Watson, Ne1 son, Larson and Romboti s.
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ABSTAIN: None. 16
ABSENT. Commissioner Fi kes 15
NOES: None.
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