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Home My WebLink About1985-03-13; Planning Commission; Resolution 24166. 1 2 3 4 5 6 e 0 PLANNING COMMISSION RESOLUTION NO. 2416 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A CHANGE OF OWNERSHIP AT THE MONTESSORI SCHOOL ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MADISON STREET BETWEEN ELM AVENUE AND OAK AVENUE APPLICANT: OKUN CASE NO: CUP-196(A) ~ 7 II WHEREAS, a verified application has been filed with 8 City of Carlsbad and referred to the Planning Commission; ani /I 9 WHEREAS, said verified application constitutes a rec 10 as provided by Title 21 of the Carlsbad Municipal Code; and 11 WHEREAS, pursuant to the provisions of the Municipal 12 property described as: 14 hold a duly noticed public hearing to consider said applicatj 13 the Planning Commission did, on the 13th day of March, 1985, 15 16 Lots 7 and 8 in Block 48 of Carlsbad according to Ma filed in the office of the County Recorder of San Di May 2, 1888, 17 WHEREAS, at said hearing, upon hearing and consideri 18 196(A). 20 heard, said Commission considered all factors relating to CUP 19 testimony and arguments, if any, of all persons desiring to k 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 22 (B) That based on the evidence presented at the public hearin 24 (A) That the foregoing recitations are true and correct. 23 Commission of the City of Carlsbad as follows: Cornmission APPROVES CUP-l96(A), based on the following fi 25 and subject to the following conditions: 26 //// // 27 /I //// 28 -, *' e 0 1 (I Findings 2 3 4 5 6 7 8 9 10 I1 12 13 14 1) The proposed use is necessary and desirable for the development of the community, is essentially in harmony the various elements and objectives of the General Plan is not detrimental to existing uses or to uses specific permitted in this zone for the reasons stated in the st report. 2) The subject property is adequate in size and shape to accommodate the proposed use for the reasons stated in staff report. 3) All of the yards, setbacks, walls, fences, landscaping other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood be provided and maintained for the reasons stated in th, staff report. 4) The street system serving the subject property is adequ to properly handle all traffic generated by the propose1 for the reasons stated in the staff report. 5) The Land Use Planning Manager has determined this proje be categorically exempt from environmental review pursu Section 15301 of the California Environmental Quality A issued a Notice of Exemption on February 11, 1985. 15 substantially as shown unless otherwise noted in these dated January 24, 1985, incorporated by reference and 01 1) Approval is granted for CUP-l96(A) , as shown on Exhibit 16 Conditions: 17 2) Approval of this request shall not excuse compliance wi' 19 conditions. 18 in the Land Use Planning Office. Development shall oca sections of the Zoning Ordinance and all other applicabl 20 ordinances in effect at time of building permit issuance 21 23 3) All landscaped areas shall be maintained in a healthy ar 22 Land Use Planning Conditions 4) Any signs proposed for this development shall be designc 24 conformance with the City's Sign Ordinance and shall re< review and approval of the Land Use Planning Manager prr 25 installation of such signs. 26 5) This approval shall become null and void unless the use 27 granted and diligently pursued thereafter. 28 PC RES0 NO. 2416 -2- thriving condition, free from weeds, trash, and debris, commenced not later than one year after the final approc - -, .- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 6) 7) 8) 9) 10 1 This conditional use permit shall apply to lots APN 203- & 5 and all buildings on those lots. No other use shall permitted without amendment to this conditional use pern Prior to occupancy, the structure shall be inspected by Building and Fire Departments for compliance with all applicable City and State Fire and Building Codes. Occu shall not be permitted prior to compliance with applicak sections of the Fire and Building Codes. Under no circumstances shall occupancy of any classroom exceed th capacities allowed under the codes. Operation of the school shall be limited to the hours bc 7:OO a.m. and 6:OO p.m. and the scheduling of students E be staggered as shown on the attached dated class schedc Prior to occupancy, the applicant shall ensure the lot i clean and free of debris and install children's play equipment. Prior to issuance of a business license, the applicant s install landscaping and irrigation in conformance with a landscape and irrigation plan approved by the Planning Department. 14 12) The playground area shall be surrounded by a five foot h 16 business license. 15 11) All requirements of the State of California in the apprc fence to the satisfaction of the Land Use Planning Manag 17 13) Trash receptacle areas shall be enclosed by a six-foot h 18 masonry wall with gates pursuant to City standards. LOC of said receptacles shall be approved by the Land Use P1 a school shall be complied with prior to issuance of a 19 Manager. 20 21 14) 22 23 24 25 26 27 28 This conditional use permit is granted for a period of f years. This conditional use permit shall be reviewed by Land Use Planning Manager on a yearly basis to determine all conditions of this permit have been met and that the does not have a significant detrimental impact on surrou: ing properties or the public health and welfare. If the Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend the Planning Commission, after providing the permittee t' opportunity to be heard, add additional conditions to mi the significant adverse impacts. This permit may be rev at any time after a public hearing, if it is found that . use has a significant detrimental affect on surrounding : uses and the public's health and welfare, or the conditic imposed herein have not been met. This permit may be ex. for a reasonable period of time not to exceed five years written application of the permittee made not less than 1 1 C RES0 NO. 2416 -3- * 3. IT II e e 1 2 3 4 5 6 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or t public's health and welfare will result because of the continuation of the permitted use. If a substantial adv affect on surrounding land uses or the public's health 3 welfare is found, the extension shall be considered as 5 original application for a conditional use permit. Ther no limit to the number of extensions the Planning CommiE may grant. 7 Fire Department Conditions 9 the conditional use permit. 8 15) Maximum attendance in the school shall be 64 students. Increase in attendance shall require a formal amendment 10 11 16) The building shall be upgraded to meet the requirements Fire Department for approval prior to occupancy. 12 E-1 occupancy classification. 17) Complete site plans and floor plans shall be submitted t 13 18) No street trees shall be removed without the approval of 14 Parks and Recreation Department 18 17 subject to the approval of the Parks and Recreation 16 15 Parks and Recreation Department. 19) Landscaping shall be provided around the entry to the bu Department. Engineering Department 20) The owner shall improve the full width of the alley alor; 19 100 foot frontage of his property to the satisfaction of 2o P Engineering Department, prior to occupancy. 1) The driveway on Madison Street shall meet the following 21 conditions: 22 23 24 a) The south driveway approach shall be signed "entranc only. I' b) The north driveway approach shall be signed "exit on /// 25 26 27 I;:: 2% p /// 1 C RES0 NO. 2416 -4- ; ~. 7' . -, e e 1 2 PASSED, APPROVED AND ADOPTED at a regular meeting of 3 4 5 6 7 8 9 10 11 12 Planning Commission of the City of Carlsbad, California, held the 13th day of March, 1985, by the following vote, to wit: AYES : Chairman Farrow, Commissioners Schlehuber, L' Heureux, Marcus, McFadden, Smith and Rombotis. NOES : None. ABSENT : None. ABSTAIN: None. e4 ROW, &+!A. JR.: Chhir ING COMMISSIJON 13 TTEST: IF 14 15 IF AND USE PLANNING MANAGER 16 17 18 19 1 20 21 22 23 24 25 26 I1 27 28 PC RES0 NO. 2416 -5-