HomeMy WebLinkAbout2013-05-15; Planning Commission; Resolution 6975
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO
INCREASE THE MAXIMUM STUDENT CAPACITY FROM 36
TO 49 AND TO APPROVE THE PROJECT WITH NO
EXPIRATION DATE FOR THE MONTESSORI ARTS AND
SCIENCES SCHOOL ON PROPERTY GENERALLY LOCATED
AT 3016 HIGHLAND DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: MONTESSORI ARTS AND SCIENCES
SCHOOL
CASE NO.: CUP 01-12X1(A)
WHEREAS, Janaan Taylor, “Owner,” has filed a verified application with the
City of Carlsbad regarding property 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 Amendment as shown on Exhibits “A-D” dated October 2, 2002, on file in the Planning
Division, CUP 01-12X1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL, as
provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 15, 2013, 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 Amendment; and
WHEREAS, on March 4, 2003, the City Council approved CUP 01-12, as
described and conditioned in City Council Resolution No. 2003-056.
PLANNING COMMISSION RESOLUTION NO. 6975
PC RESO NO. 6975 -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
WHEREAS, on December 19, 2007, the Planning Commission approved CUP
01-12X1, as described and conditioned in Planning Commission Resolution No. 6366.
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 hearing, the Commission
APPROVES CUP 01-12X1(A) – MONTESSORI ARTS AND SCIENCES
SCHOOL, based on the following findings and subject to the following
conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that
schools are encouraged by the General Plan Land Use Element (Implementing
Policy and Action Program C.8) and permitted by Conditional Use Permit in the R-
1 zone in the city for the convenience of residents. The City’s General Plan
recognizes the need for this type of use and the existing Montessori Arts and
Sciences School is consistent with the General Plan regarding the availability of community facility uses for the residents of Carlsbad. Both public and private
schools are necessary and desirable for the development of the community and the
increase in student capacity will continue to allow for this finding to be made.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the existing Montessori
Arts and Sciences School is compatible with the existing surrounding residential,
office and governmental uses in the area as evidenced by staff’s assessment that
traffic operations are not disruptive to the adjacent street system and no other issues
regarding the school operation have been raised. The proposal to add 13 students to
the school capacity will not change any significant operational function that would disrupt the existing harmony with surrounding land uses. The site has been
designed to accommodate all activities associated with the existing and proposed
student enrollment. Staff observed the traffic patterns when the school first started
operating and recently again in response to the amendment request. Staff’s
conclusion is that the school related traffic does not have a significant adverse
impact on the street system. the existing 12 parking stalls are more than adequate to accommodate the requested maximum elementary school student capacity of 49 and
the existing four (4) school staff members.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
PC RESO NO. 6975 -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
Planning Director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the Montessori Arts and Sciences School meets
or exceeds all of the R-1 development standards, and complies with the onsite parking and circulation demands for a school. Since the existing school facility has
the capacity to accommodate the additional 13 students, the increase in student
capacity will continue to allow for this finding to be made.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site has access from Highland Drive, a local
collector street, which is currently operating at an acceptable level of service. The
addition of 13 students to the school capacity will have no impact on the levels of
service (LOS) of the existing roadway.
Conditions:
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 modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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.
3. All conditions of approval imposed upon Conditional Use Permit CUP 01-12 as
stated in City Council Resolution No. 2003-056 shall apply as conditions of approval
for CUP 01-12X1(A) and are incorporated by this reference, except Condition No.
18 is replaced by Condition No. 4; Condition No. 19 is replaced by Condition No. 5; and Condition No. 24 is replaced by Condition No. 6.
4. A maximum of forty-nine (49) children in grades 1-6 and a maximum staff level of
four (4) persons shall be permitted at the private school.
5. The following schedule shall be utilized for arrival and departure (start/dismissal)
times of the school:
Track I – 8:30 AM / 3:00 PM Track II – 8:50 AM / 3:20 PM
Track III - 9:l0 AM / 3:40 PM
PC RESO NO. 6975 -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
Each track may contain a maximum of 17 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 City
Planner.
Extended day hours for before and after school child day care are not subject to the
school arrival and departure schedule.
6. This Conditional Use Permit is granted without an expiration date. 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 uses and the public’s health and welfare, or the
conditions imposed herein have not been met.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
. . .
. . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 15, 2013 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Schumacher, Scully and Segall
Commissioner Anderson
'~Ks~,~ KERRY. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
17 City Planner
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6975 -5-