HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 2504<I * I.
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PLANNING COMMISSION RESOLUTION NO. 2504
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A RESIDENCE AT THE MONTESSORI SCHOOL ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF MADISON STREET
BETWEEN ELM AVENUE AND OAK AVENUE IN THE VR ZONE.
APPLICANT: PARKER
CASE NO. : CUP-1 96 (B)
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
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provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 23rd day of October, 1985 and on
the 13th day of November, 1985, hold a duly noticed public hearing
to consider said application on property described as:
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Lots 7 and 8 in Block 48 of Carlsbad according to Map 535
filed in the Off ice of the County Recorder of San Diego
County, May 2, 1888.
~ WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to CUP-l96(B). I/
21 il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
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24 the Commission APPROVES CUP-l96(B), based on the following
findings and subject to the following conditions:
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1 Findings: !I 2
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1) The proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and
is not detrimental to existing uses or to uses specifically
permitted in this zone for the reasons stated in the staff
report .
2) The subject property is adequate in size and shape to
accommodate the proposed use for the reasons stated in the
staff report.
3) All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be
provided and maintained for the reasons stated in the staff
report.
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4) The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use for
the reasons stated in the staff report.
5) The residence will be limited in use to a caretaker or administrator of the preschool.
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6) The storage building will be improved to function as a garage
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be categorically exempt from environmental review pursuant to 16
for the residence, fulfilling parking requirements.
7) The Land Use Planning Manager has determined this project to
Section 15301 of the California Environmental Quality Act.
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Conditions:
1 ) Approval is granted for CUP-I 96(B), as shown on Exhibit "A", dated October 8, 1985, incorporated by reference and on file in
the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
3) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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28 1 PC RES0 NO. 2504 1 -2-
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4) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs,
5) This approval shall become null and void unless the use is
commenced not later than one year after the final approval is
granted and diligently pursued thereafter. I i I 6) This conditional use permit shall apply to lots APN 203-351-4 I I
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and 5 and all buildings on those lots. No other use shall be permitted without amendment to this conditional use permit,
7) Prior to occupancy, the 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 occupancy of any classroom exceed the capacities allowed under the codes.
i 8) 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 the class schedule, Exhibit rrZ", dated November 5, 1985, on file in the Planning Department.
~ 9) Prior to occupancy, the applicant shall ensure the lot is
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clean and free of debris and install children's play equipment , I i
10) The residential structure at 3062 Madison Street shall be used
, exclusively as a residence for the caretaker or administrator of said preschool.
11) The applicant shall improve the existing storage building at
3062 Eladison Street to function as a single car garage,
12) Prior to issuance of a business license, the applicant shall install landscaping and irrigation in conformance with a
landscape and irrigation plan approved by the Planning
Department.
13) All requirements of the State of California in the approval of a school shall be complied with prior to issuance of a business license,
14) The playground for the preschool shall extend all the way to the northerly property line as shown on Exhibit "X", dated
November 5, 1985, on file in the Planning Department, The storage of recreational vehicles is not permitted on this site.
15) The playground area shall be surrounded by a five foot high fence to the satisfaction of the Land Use Planning Manager.
PC -SO NO. 2504 -3-
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1 16) A five foot chain link fence shall be erected to separate the
2 residence from the preschool.
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This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if a1 conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- i ing properties or the public health and welfare. If the Land ~
Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that
the Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. 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 and the public's health and welfare, or the conditions imposed l herein have not been met, This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 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 the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a
conditional use permit. There is no limit to the number of
extensions the Planning Commission may grant.
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Engineering Department:
18) A lot line adjustment to consolidate Lots 7 and 8 (of Map 535) shall be submitted to and approved by the City Engineer. l8 I 19 19) All required parking as shown on Exhibit A shall be paved and
I shall meet all applicable city standards. 20 1120) The interior chain link fence shall be removed to increase the
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usable play area. RV parking shall not be permitted in this or
any other area on site.
21) The grading for this project is defined as "regular grading" by
Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall
include all required drainage structures and any required
erosion control measures, The developer shall also submit
soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11 .06 of the Carlsbad
Municipal Code. I
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1 22) No grading shall occur outside the limits of the project unless
affected properties. 2
a letter of permission is obtained from the owners of the
3 23) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site 4 plan o
5 24) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies
6 regarding services to the project.
7 25) The owner shall improve the full width of the alley along the
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26) The driveway on Madison Street shall meet the following 9
Engineering Department, prior to occupancy.
100 foot frontage of his property to the satisfaction of the
conditions:
a) The south driveway approach shall be signed "entrance 10
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b) The north driveway approach shall be signed "exit only", 12
only".
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27) All engineering conditions mentioned above shall be completed
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16 E-1 occupancy classification,
17 29) Complete site plans and floor plans shall be submitted to the
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within 120 days of approval of CUP-l96(B) ,
Fire Department:
28) The building shall be upgraded to meet the requirements for an
Fire Department for approval prior to occupancy.
arks and Recreation Department: 19
20 1 0) Landscaping shall be provided around the entry to the building
subject to the approval of the Parks and Recreation
Department. 21
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28 PC RES0 NO. 2504 -5-
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2 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 13th day of November, 1985, by the following vote, to wit: 4 planning Commission of the City of Carlsbad, California, held on
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AYES: Chairman Schlehuber, Commissioners: Marcus,
McFadden, Smith, Holmes and Hall,
NOES : Commissioner L'Heureux,
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ABSENT : None,
ABSTAIN : None.
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& zuw- , A;ki p (?&(<,
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
13 /JATTEST:
15 14r*qwa MICHAEL LAND USE J.\HbLZMI PLANNING MANAGER ER
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