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HomeMy WebLinkAbout1979-03-28; Planning Commission; Resolution 1496/I w 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 PLANNING 'COMMISSION RESOLUTION NO. 1496 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPIiOVING CUP-l24(A) TO RAISE THE MAXIMUM STUDENT LEVEL FROM 34 TO 124 STUDENTS, WITH A BUILDING EXPANSION OF 3088 SQUARE FEET, AND TO LOCATE A PERMANENT BUILDING TEMPORARILY ON THE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PINE BETWEEN MADISON AND JEFFERSON. CASE NO. : ' CUP-124 (A) APPLICANT : Jeff Crissman Montessori School WHEREAS, a verified application has been filed with the City of Carlsbad, California, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reques provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, prsuant to the provisions of the Municipal COI the Planning Commission did, on the 14th day of ?larch, 1979, hold a duly noticed public hearing to consider said applicat on property described as: 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. WHEREAS, the subject application has complied with the requirements of the City of Carlsbad Environmental Protectioi Ordinance of 1972 and the State Environmental Quality Act in that: 1. An Environmental Impact Assessment of the project was cc ducted by the Planning Department, and a Declaration of Nonsignificant Impact was issued for the following reasc A. The project is located in an existing urbanized are; and therefore will not adversely affect any natural env: ment; and I I I l~ 1~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I w e I B. The project will not generate significant air pollul in the North County air basin. WHEREAS, at said public hearing a staff report was subm: and all persons desiring to speak on the subject request werc heard. At the conclusion of said hearing, after consideratic of all evidence presented, the Planning Commission found the following facts and reasons to exist: 1. The requested use is desirable for the development of tl community because private educational institutions expand thc educational opportunities and choices of the community and tl North County in general. 2. The requested use is not detrimental to existing uses 01 uses specifically permitted in the zone because: A. A public school exists in the neighborhood. B. Restrictions imposed by the applicant and reinforcec condition #14 would limit the number of students prc on the playground area at one time. C. Staggered arrival and departure times and the assigr of different gates, (condition 12), should minimize the impact on the neighborhood parking situation. 3. The site is adequate in size and shape to accommodate tl proposed use because: A. Adequate classroom size would exist. Utilizing the square feet per child figure, the proposed building could accommodate 34 children downstairs and an add: 50 students on the second floor. The existing builc can provide classroom space for 40 children, an inc~ of 6 over the Dresent CUP. B. Adequate playground space would be provided. Allow: the applicant to include the front and side yards a: play area would make available 8100 square feet usir 150 square feet per child. As a standard, this woul provide for 54 children to play simultaneously. Thc applicant intends to further restrict this to one cl a maximum of 34 children. C. Adequate off-street parking would exist. The propo: building would include 3 tuck-under parking spaces. addition, the present driveway would be closed off i converted to a 4th space. // - 2- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 I 21 22 23 24 25 26 27 28 I ~ w w 4. All of the yards, setbacks, walls, fences, landscaping other features necessary to adjust the requested use to exis or permitted future uses in the neighborhood will be provide maintained because: A. Cleaning up the yard and maintaining it in an acce manner has been made a condition of approval. B. Although the setback areas would be included in th lot, staff has recommended, as a condition of appr that no play equipment be located in these areas. ~ C. A fence exists around the entire property and is t maintained as a condition of the original CUP. 5. The street system serving the proposed use isadequate properly handle all traffic generated by this expanded use t: A. Existing traffic on Pine Avenue and Madison Street very light. B. Staggered scheduling should help alleviate traffic congestion. WHEREAS, the Planning Commission, by the following vote APPROVED CUP -124(A), subject to certain conditions: 1. The approval is granted for the land described in the application and attachments thereto, and as shown on the plo submitted labeled Exhibit A. The location of all buildings, fences, recreation areas, parking areas, and other facilitie shall be located substantially as shown on the plot plan lah Exhibit A. 2. Unless the start of construction is commenced no later one year from the date of approval of this resolution, is di gently pursued thereafter, and completed within eighteen mon of approval of said resolution, this approval shall automati become null and void. 3. That the Pine Street frontage have a restricted loading to allow for parents dropping off and picking up their child 4. The temporary building is approved only to accommodate existing use and student load (not to exceed 34 students) du the construction phase of the project. The temporary struct shall maintain all required yard setbacks, and shall be rem0 prior to final occupancy of the permanent school addition. 5. The grounds shall be cleaned and kept free of debris an maintained in a manner acceptable to the Planning Director. /// /// -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w a 6. The Planning Director shall conduct an investigation of project's operation on or before September 30, 1979, and aga: or before March 31, 1980, and shall report the results of hi: investigation to the Planning Commission thereafter. His re] shall include any citizen complaints made concerning the use traffic hazards created, and general compliance with the app: priate conditions of CUP-124 and CUP-l24(A). The Planning Commission may, upon receipt of the report, conduct a public hearing in accordance with Chapter 21.54 of the Municipal COI consider amendments to or revocation of the Conditional Use Permit e 7. This conditional use permit is granted to the Carlsbad Montessori School and is not assignable to others. 8. Prior to occupancy, the remodeled structure shall be in.: ted by the Building and Fire Departments for compliance with applicable City and State Fire and Building Codes. Occupant: shall not be permitted prior to compliance with applicable 5f tions of the Fire and Building Codes. 9. No signs or advertising or any type whatsoever shall be erected or installed until plans therefore have been approve( the City of Carlsbad in compliance with applicable City Ordir 19. Operation of the school shall be limited to the hours bc 7:OO A.M. and 6:OO P.M. 11. That the maximum number of children occupying the buildi be restricted as follows: 40 children in the existing building 34 children on the 1st floor of the proposed new buildir 50 children on the 2nd floor of the proposed new buildir Under no circumstances shall these occupancy maximums be exceeded. 12. That the staggered scheduling of arrivals and departures implemented; and, that these students be assigned different c as proposed by applicant on attached sheets. 13. That no more than 54 students be present on the playgrol area at one time except in emergency situations and for fire 14. That the driveway approach on Pine Avenue be removed, an curb, gutter and sidewalk be constructed to tie into existing improvements. 15. That the applicant construct full-width alley improvemen along the full length of alley frontage prior to occupancy of expans ion. 16. That the $3,00Q bond requirement made by the original CUP-124, (condition #9), for reconversion of the remodeled -4- I1 w w 1 by the Planning Commission, at the applicant's request, if ar 17. That the maximum number of students allowed may be reevE 2 building to a garage, be eliminated. 3 when the specified maximums are reached. 4 5 6 7 8 NOW, THEREFORE, BE IT HEREBY RESOLVED that the above 9 recitations are true and correct. AYES : Rombotis, Marcus, Jose, Larson, Schick, L'Hex NOES : None ABSENT : Wrench 10 11 12 13 14 ATTEST : 18 19 20 21 22 23 24 25 26 27 28 -5- I1 w W I. STATE OF CALIFORNIA ) CITY OF CARLSBAD 1 ss 2 COUNTY OF SAN DIEGO 1 3 4 5 6 7 8 9 I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 28th day of March, 1979, 10 11 12 13 14 15 16 1'7 18 ,,' by the following roll call vote: AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larsc NOES : None ABSTAIN: Wrench ABSENT : None J' 19 ! 2o I 21 22 23 24 25 26 27 28 -6-