HomeMy WebLinkAbout1981-03-11; Planning Commission; Resolution 1781P 0 0
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PLANNING COMMISSION 'RESQLUTI'QN NO. 1'781
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDI-
TIONAL USE PERMIT TO OPERaTE A MONTESSORI SCHOOL
WITH EXTENDED DAY CARE ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF MADISON STREET.
APPLICANT : JEFF CRISMAN . .cASE No: . . . . . .c~ .1'9.6. . . . . . , . . .. . -
WHEREAS, a verified application has been filed with th
city of Carlsbad and referred to the Planning Commission; a
WHEREAS, said verified application constitutes a reque
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal C
the Planning Commission did, on the 11th day of March, 1981
hold a duly noticed public hearing to consider said applica
on property described as:
Lots 7 and 8 in Block 48 of Carlsbad according to Map
thereof No. 535 filed in the Office of the County
Recorder of San Diego County, May 2, 1888.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pex
desiring to be heard, said Commission considered all factor
relating to CUP-196.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the city of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hec
the Commission APPROVES CUP-196, based on the followir
findings and subject to the following conditions:
Findings
1) The propos.ed use is necessary and desirable for the
development of the community, is essentially in harmor with the various elements and objectives of the Generz Plan, and is not detrimental to existing uses or to ub
specifically permitted in this zone for the reasons st
in the staff report.
APN #203-351-4 & 5
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1 2) The subject property is adequate in size and shape to
accommodate the proposed use for the reasons stated in
2 the staff report.
3 3) All of the yards, setbacks, walls, fences, landscaping
and other features necessary to adjust the requested use
will be provided and maintained for the reasons stated 4
in the staff report. 5
to existing and permitted future uses in the neighborhool
6 4) The street system serving the subject property is adequa
to properly handle all traffic generated by the proposed 7 for the reasons stated in the staff report.
8 5)
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6)
The project will not cause any significant environmental impacts and a Negative Declaration has been issued by th Planning Director on February 13, 1981 and approved by t
Planning Commission on March 11, 1981.
The applicant has agreed and is required by the inclusio
an appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the Genera Plan.
14 General Conditions:
15 1) Approval is granted for CUP-196, as shown on Exhibits A-
dated January 22, 1981, incorporated by reference and on 16 file in the Planning Department. Development shall occu
substantially as shown unless otherwise noted in these 17 conditions.
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2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as requi by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by March 4, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is nc paid as promised, this application will not be consister
with the General Plan and approval for this project shal
be void.
3) Approval of this request shall not excuse compliance wit
all sections of the Zoning Ordinance and all other appli
city ordinances in effect at time of building permit isE
Planning Department:
4) All landscaped areas shall be maintained in a healthy ar 27
5) Any signs proposed for this development shall be designc 28
thriving condition, free from weeds, trash, and debris.
PC RES0 #1781 -2-
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in conformance with the city's Sign Ordinance and shall
require review and approval of the Planning Department pl
to installation of such signs.
6) This approval shall become null and void unless the use j commenced not later than one year after the final approvi is granted and diligently pursued thereafter.
5 7) This approval is granted to Carlsbad Schools Inc. and is not assignable to others.
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Prior to occupancy, the remodeled structure shall be inspected by the Building and Fire Departments for
compliance with all applicable City and State Fire
and Building Codes. Occupancy shall not be permitted prior to compliance with applicable sections of the Fire and Building Codes. Under no circumstances shall occupar
of any classroom exceed the capacities allowed under the codes.
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9) Operation of the school shall be limited to the hours between 7:OO A.M. and 6:OO P.M. and the scheduling of
students shall be staggered as shown on Exhibit "C",
dated January 22, 1981.
10) Prior to occupancy, the applicant shall clean up the lot, install children's play equipment, provide employee
parking and construct a driveway adjacent to Madison
I Street as shown on Exhibit A, dated January 22, 1981. ,
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l8 112) All requirements of the State of California in the
11) Prior to issuance of a business license, the applicant shall install landscaping and irrigation in conformance w
a landscape and irrigation plan approved by the Planning
Department.
19 I approval of a school shall be complied with prior to issuance of a business license.
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13) The play ground area shall be surrounded by a six foot
high fence to the satisfaction of the Planning Director.
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This conditional use permit shall expire and all uses pur to it shall cease seven years after the date of issuance.
This permit may be extended for a reasonable period of ti
not to exceed seven years upon written application of the
permittee filed with the Planning Director not later than
days prior to the date of termination. In granting such extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses is fo
the extension shall be considered as an original applicat
for a conditional use permit. There is no limit to the
number of extensions the Planning Commission may grant.
PC RES0 #1781 -3-
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The Planning Director shall conduct an investigation of t uses under this permit prior to March 11, 1982 and shall
report the results of his investigation to the Planning
Commission. The report shall include a list of complaint
made concerning the use or traffic hazards created. This
permit may be revoked at any time after a public hearing,
if it is found that the use has a significant detrimental affect on surrounding land uses, or the conditions impose herein have not been met.
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the CUP. 7
15) Maximum attendance in the school shall be 64 students.
Increase in attendance shall require a formal amendment t
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16) The wall of the proposed classroom along the south 9
Fire Department
property line is required to be of one hour construction
10 and any openings in the wall shall be protected per 1 Uniform Building Code requirements. 11 17) Complete site plans and floor plans shall be submitted 12 to the Fire Department for approval prior to occupancy.
13 Parks and Recreation Department I/
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19) No street trees shall be removed without the approval of
Parks and Recreation Department.
20) Landscaping shall be provided around the entry to the building subject to the approval of the Parks and Recreat Department.
Engineering Department
21) The owner shall enter into a lien contract to improve the full width of the alley along the 100 foot frontage c his property to the satisfaction of the Engineering
Department.
22) The driveway on Madison Street shall meet the following conditions: a. the driveway entrances shall be a minimum of
b. The space between driveway openings shall be 40
c. the south driveway approach shall be signed
d. the north driveway approach shall be signed
3 feet from the side property line.
feet minimum.
"entrance only. It
"exit only. If
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23) The applicant shall provide two additional compact car
spaces off the alley. Location and design of said space shall be subject to the approval of the P,lanning Direct0 prior to final occupancy.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held
the 11th day of March 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Friestedt, Jose,
L’Heureux, Leeds, Larson and Rombotis.
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST :
MARY ch-ouu MAR S, 72” Chariman CARLSBAv LANNING COMMISSI
G COMMISSION
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27 28il PC RES0 #1781