HomeMy WebLinkAbout2002-11-20; Planning Commission; Resolution 53151
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Note: This resolution was denied. See votes.
PLANNING COMMISSION RESOLUTION NO. 5315
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL ON
PROPERTY GENERALLY LOCATED AT 3016 HIGHLAND
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CASA MONTESSORI DE VISTA SCHOOL
CASE NO.: CUP 01-12
WHEREAS, Jan Taylor, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by E. Lamont Geissinger, "Owner," described as
That portion of Lot Twenty-one of Patterson's addition to
town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 565,
filed in the Office of the County Recorder of San Diego
County, September 22,1888
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) "A" - "D" dated October 2, 2002, on file in the Carlsbad
Planning Department, CASA MONTESSORI DE VISTA SCHOOL - CUP 01-12, as
provided by Chapter 21.42 and 21 .SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July, 2002, on the
2nd day of October, 2002, and on the 20th day of November, 2002 hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CASA MONTESSORI DE VISTA SCHOOL - CUP 01-12,
based on the following findings:
Findings:
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That the requested use is necessary or 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 specifically permitted in the zone in which the
proposed use is located, in that the development of the site for a private school would
be consistent with the General Plan objective “to preserve the neighborhood
atmosphere and identity of existing residential areas” in that the project will not
detract from the quality of the neighborhood; and the traffic generated by the
school will not conflict with the existing residential uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the required handicap pedestrian ramp, parking lot,
and landscape areas without the need for a variance from development standards.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood can be
provided and maintained, in that sound walls will be provided adjacent to the existing
residential properties and specimen size landscaping will be installed around the
parking area for immediate screening of the parking lot.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed on-site circulation will not impact
street circulation since the project will be required to comply with the proposed
staggered start/dismissal times, and on-site parental parking will be not be
permitted during the start/dismissal times.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modi@ all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or fbrther condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
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2.
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer shall implement, or cause the implementation of, the Casa Montessori de
Vista School Mitigation Monitoring and Reporting Program.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24” x %”, mylar
COPY of the Site Plan reflecting the conditions approved by the final decision making
body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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10.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of the Negative Declaration and
Mitigation Monitoring and Reporting Program and is subject to all conditions
contained in Planning Commission Resolutions No. 5314 for those other approvals.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Construction and installation of all required improvements, including but not
limited to parking areas, handicap ramp, walls, fencing, and landscaping as shown
on the approved plans shall be completed prior to operation of the building as a
school.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy
Housinp (Non-Residential)
15. Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
resolution, then the Developer, or hiskerltheir successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Landscape
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. All plant materials around the perimeter of the
parking area shall be installed from specimen size containers so that immediate
screening of the parking area can be achieved. The sizes proposed shall be subject
to approval by the Planning Director. Developer shall construct and install all
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landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
A maximum of thirty-six (36) children and a maximum staff level of four (4) persons
shall be permitted at the private school.
The following schedule shall be utilized for arrival and departure (staddismissal)
times of the school:
Track I - 8:30 AM/3:00 PM
Track I1 - 8:50 AM/3:20 PM
Track I11 - 9:lO AM/3:40 PM
Each track may contain a maximum of 12 students, who will be assisted from their
transportation vehicles to the school facility by school staff personnel. Minor
modifications to this schedule may be approved administratively by the Planning
Director.
Extended day hours for before and after school child day care are not subject to the
school arrival and departure schedule.
Parenuteacher conferences and other activities requiring on-site parking shall be
scheduled on a track-by-track basis or off-peak schedule when individual
conferences are necessary. In addition, any activities involving the entire enrollment
(to the extent it would exceed a projected demand in excess of available parking
spaces) will be scheduled at offsite locations to insure that there would be no impact
to the surrounding owners or neighbors.
Play equipment shall be used in a manner which precludes it from leaving the site.
The existing building labeled “care taker’s room’’ is intended for use as a multi-
purpose room and shall not be occupied for any residential or care taker purpose.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of five (5) years from November 20,
2002 through November 19,2007. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
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uses and the public’s health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed five (5)
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s
health and welfare. If a substantial negative effect on surrounding land uses or the
public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
Notice
25. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
26. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Conditional Use Permit by Resolution(s) No. 5314 on
the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Enpineering:
General
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
FeedAPreements
28. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
29. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Highland Drive along the
subdivision frontage for a half street width of 30 feet. Public improvements shall include
but are not limited to paving, base, sidewalks, curbs and gutters, grading, fire hydrants,
and streetlights.
30. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
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shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
3 1. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
Dedications/Improvements
32. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook'' to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. A Storm Water Management Plan for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
33. Prior to approval of building permits, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
34. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
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The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
Buildin?:
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No part of the site or the structures thereon shall be utilized as an E-2 Occupancy as
defined by the 2001 California Building Code prior to the issuance of a Certificate of
Occupancy by the City or Carlsbad Building Department and Fire Marshal.
All existing and new facilities on site shall be remodeled to meet the 2001 California
Building, Fire, Electrical, Mechanical, and Plumbing Code requirements for an E-2
Occupancy prior to issuance of a Certificate of Occupancy being issued.
All facilities shall be modified to comply with the accessibility requirements
contained in the State of California Code of Regulations Title 24 Part 2 Volume 1
Building Code prior the issuance of a Certificate of Occupancy.
The floor plan and buildings as shown on the exhibit will require significant
revisions to meet the above requirements. Those revisions include but are not
For use by 36 students, the restroom facilities will need more fixtures
and those restrooms will have to be fully accessible to the disabled.
Hallways and doorways may require modifications depending upon
door swing and hallway width.
All entrances must be made fully accessible for the handicapped and
accessible paths of travel must be developed amongst and between
buildings on site.
The type of wiring for the existing electrical system is unknown. If it is
in Non-metallic wiring (most likely) that type of wiring is not an
allowed use in an educational occupancy. The wiring system will need
to be modified to comply with the current CEC for the new
occupancy.
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E) The 2001 CBC requires minimum light and ventilation requirements
for E occupancies. It must be demonstrated that the new occupancy
(E2) complies with CBC Sec. 1202.
Fire:
42. The project will require installation of a commercial-type fire sprinkler system with
a backflow preventer and Fire Department Connection inlet valve just inside the
property line in front.
43. The project will require installation of a fully compliant evacuatiodfire alarm system.
Monthly fire drills, pursuant to state law, will be required of the school.
Code Reminders
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Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of November, 2002 by the
following vote, to wit:
AYES: Commissioner Heineman and White
NOES: Chairperson Trigas, Commissioners Baker, Segall, and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN: None c- y-
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HODMILLM
Planning Director
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