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HomeMy WebLinkAbout2015-08-05; Planning Commission; Resolution 7109 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 A CONDITIONAL USE PERMIT AMENDMENT TO BROADEN THE STUDENT ACCOMMODATIONS FROM GRADES ONE THROUGH SIX TO THREE YEARS OLD TO SIXTH GRADE FOR THE MONTESSORI ARTS AND SCIENCES SCHOOL ON PROPERTY GENERALLY LOCATED AT 3016 HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: LePORT SCHOOLS CASE NO.: CUP 01-12x1(B) WHEREAS, LePort Schools, “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), as provided by the conditions of approval of CUP 01-12x1(A) and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 5, 2015, 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; and WHEREAS, on December 9, 2007, the Planning Commission approved CUP 01-12X1, as described and conditioned in Planning Commission Resolution No. 6366; and WHEREAS, on May 5, 2013, the Planning Commission approved CUP 01-12x1(A), as described and conditioned in Planning Commission Resolution No. 6975. PLANNING COMMISSION RESOLUTION NO. 7109 PC RESO NO. 7109 -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 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(B) – LePORT SCHOOLS, based on the following findings and subject to the following conditions: Findings: (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 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 age groups and grades 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 broaden the age groups 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. 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 City Planner, 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 capacity of the student enrollment will not be changed, the increase in student age groups 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 broadening of student accommodations from grades one through six to three years old to sixth grade will have no impact on the levels of service (LOS) of the existing roadway. PC RESO NO. 7109 -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 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15061(b)(3) – general rule of CEQA applying only to projects which have the potential for causing a significant effect on the environment. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. 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: 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 01-12x1(A) as stated in Planning Commission Resolution No. 6975 shall apply as conditions of approval for CUP 01- 12x1(B) and are incorporated by this reference, except Condition No. 4 is replaced by Condition No. 4. 4. A maximum of forty-nine (49) children from ages three to grade six and a maximum staff level of four (4) person shall be permitted at the private school. 5. This Conditional Use Permit Amendment is granted for a period of five (5) years from August 5, 2015 through August 4, 2020. 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. 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.