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HomeMy WebLinkAbout2002-11-20; Planning Commission; Resolution 53151 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 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. 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 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: 1. 2. 3. 4. 5. 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 PC RES0 NO. 53 15 -2- 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 2. 3. 4. 5. 6. 7. 8. 9. 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. PC RES0 NO. 5315 -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 10. 11. 12. 13. 14. 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 PC RES0 NO. 53 15 -4- 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 17. 18. 19. 20. 21. 22. 23. 24. 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 PC RES0 NO. 53 15 -5- 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 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 PC RES0 NO. 53 15 -6- 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 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. PC RES0 NO. 53 15 -7- 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 35. 36. 37. 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?: 38. 39. 40. 41. 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. PC RES0 NO. 53 15 -8- 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 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 44. 45. 46. 47. 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. PC RES0 NO. 53 15 -9- 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 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 PC RES0 NO. 5315 -10-