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HomeMy WebLinkAbout2003-03-04; City Council; 17088; Granting Appeal: Casa Montessori De Vista SchoolCITY OF CARLSBAD - AGENDA BILL 5 AB# 17,088 MTG. 3/4/03 DEPT. CA - TITLE: GRANTING THE APPEAL, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND ISSUING THE CONDITIONAL USE PERMIT FOR THE CASA MONTESSORI DE VISTA SCHOOL APPLICANT: CASA MONTESSORI DE VISTA SCHOOL CASE NO: CUP 01-12 DEPT. HD. CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council adopt Resolution No. 2003-056 granting an appeal, refunding the appeal fees, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and issuing the Conditional Use Permit as specified for the Casa Montessori de Vista School. ITEM EXPLANATION: At its regular meeting of Tuesday, February I1 , 2003 the City Council considered the appeal of the tentative map extension and after hearing public testimony continued the matter to Tuesday, February 18, 2003 for deliberations and decision. After receiving the staff report, public input, after careful consideration of all the facts and circumstances relevant to this project and after careful deliberations, the City Council voted 3-2 (Lewis, Finnila) to grant the appeal, adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and issue the Conditional Use Permit (CUP 01-12) as shown. Council should satisfy itself that the findings and conditions of City Council Resolution No. 2003- 056 represent your wishes in this matter. FISCAL IMPACT: Except for the refund of appellant’s fees, there will be no fiscal impact as a result of the hearing. ENVIRONMENTAL REVIEW: The Planning Director has determined that the project has not changed from its original configuration and intensity and that no new significant environmental changes have occurred onsite. Therefore, based on current knowledge of the site, the project will not have a significant impact on the environment, and that a notice of Prior Compliance was issued stating that the Negative Declaration approved by the Planning Commission in June continues to be applicable. EXHIBITS: Resolution No. 2003-056 March 4,2003 TO: Mayor and City Council FROM: City Attorney ziflPm.hb. s FOR THE INFORMATION OF THE CITY COUNCIL Jy)yId3 GB DATE CIlY ATTORNEY CASA MONTESSORI DE VISTA SCHOOL CUP (ITEM 5). There are two changes recommended to Resolution No. 2003-056 for tonight’s meeting as follows: I. At the request of the Planning Department clarify Condition No. 18 so that it pertains to school age children in grades 1-6. 2. At the request of the applicant, correct the dates for the term of the Conditional Use Permit from November 20, 2002 to March 4, 2003 and ending on March 3, 2008 in Condition No. 24. The revised resolution is attached. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney c: City Manager City Clerk Community Development Director Planning Director Barbara Kennedy CONDITION NO. 18: “A maximum of thirty-six (36) children in nrades 1-6 and a maximum staff level of four (4) persons shall be permitted at the private school.” CONDITION NO. 24: “This Conditional Use Permit is granted for a period of five (5) years from March 4. 2003 through March 3, 2008 3nn7. 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.” RESOLUTION NO. 2003-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING THE APPELLANT'S APPEAL, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, CASE NAME: CASA MONTESSORI DE VISTA SCHOOL AND ISSUING CONDITIONAL USE PERMIT (CUP 01-12) CASE NO.: CUP 01-12 WHEREAS, Casa Montessori de Vista School has filed a verified application with the City of Carlsbad for a Conditional Use Permit CUP 01-12 on property to wit: 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 WHEREAS, the Planning Commission did hold duly noticed public hearings 9s prescribed by law on October 2, 2002 and November 20, 2002 to consider said rerified application; and WHEREAS, at the conclusion of the public hearings the Planning Commission denied the application for Conditional Use Permit CUP 01-12; and WHEREAS, an .appeal of the Planning Commission decision was filed by 2asa Montessori de Vista School on December 2, 2002 stating the reasons for the 3ppeal; and WHEREAS, this appeal was timely filed pursuant to Carlsbad Municipal :ode section 21 50.1 00; and WHEREAS, the City Council did hold a duly noticed public hearing to :onsider this appeal on February 11,2003; and 2ity Council Resolution No. 2003- -056 Page 1 of 11 WHEREAS, the City Council continued the appeal to February 18, 2003 at which it carefully considered the law, evidence and arguments presented at the public hearings concerning the appeal; and WHEREAS, at said public hearing after consideration of all the evidence, testimony, and arguments of those persons present and desiring to be heard, the City Council granted the appeal of appellant and issued the Conditional Use Permit with conditions; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, all the yards, setbacks, walls, fences, landscaping, and other reatures necessary to adjust the requested use to existing or permitted future uses in the ieighborhood can be provided and maintained, in that sound walls will be provided adjacent to the existing residential properties and specimen size landscaping will be nstalled around the parking area for immediate screening of the parking lot; and 3ty Council Resolution No. 2003- -056 Page 2 of 11 WHEREAS, 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 starVdismissal times, and on-site parental parking will be not be permitted during the starVdismissal times; and WHEREAS, the City Council has reviewed each of the exactions imposed on the Appellant 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct. B. That the appeal of appellant is granted, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is adopted, and the CUP 01-12 is issued with the following findings and conditions: Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of the use permitted by this CUP. I. 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; 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 ‘his Conditional Use Permit. Xy Council Resolution No. 2003- -056 Page 3 of 11 2. 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. Developer shall implement, or cause the implementation of, the Casa Montessori de Vista School Mitigation Monitoring and Reporting Program. 6. 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. 7. Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 8. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resoiution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). 9. 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. City Council Resolution No. 2003- -056 Page 4 of 11 IO. 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. 1 I. 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. 12. 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. 13. 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. 14. 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. Housing (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 wojects 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 xdinance and/or resolution, then the Developer, or his/her/their successor(s) in interest :hall pay the linkage fee. The linkage fee shall be paid at the time of issuance of wilding permits, except for projects involving a request for a non-residential planned levelopment 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 :he 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. ,andscape 16. Developer shall submit and obtain Planning Director approval of a Iinal Landscape and Irrigation Plan showing conformance with the approved Preliminary ,andscape Plan and the City’s Landscape Manual. All plant materials around the Ierimeter of the parking area shall be installed from specimen size containers so that mmediate screening of the parking area can be achieved. The sizes proposed shall be 3ty Council Resolution No. 2003- -056 Page 5 of 1 I subject to approval by the Planning Director. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 17. 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. 18. A maximum of thirty-six (36) children in grades 1-6 and a maximum staff level of four (4) persons shall be permitted at the private school. 19. The following schedule shall be utilized for arrival and departure (start/dismissal) times of the school: Track I - 8130 AM/3:00 PM Track II - 8150 AM/3:20 PM Track Ill - 9110 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 :he school arrival and departure schedule. 20. Parentlteacher conferences and other activities requiring on-site 3arking shall be scheduled on a track-by-track basis or off-peak schedule when individual >onferences are necessary. In addition, any activities involving the entire enrollment (to :he extent it would exceed a projected demand in excess of available parking spaces) will )e scheduled at offsite locations to insure that there would be no impact to the surrounding owners or neighbors. 21. Play equipment shall be used in a manner which precludes it from eaving the site. 22. The existing building labeled “care taker’s room” is intended for use 1s a multi-purpose room and shall not be occupied for any residential or care taker Iurpose. 23. This Conditional Use Permit shall be reviewed by the Planning Iirector on a yearly basis to determine if all conditions of this permit have been met and hat the use does not have a substantial negative effect on surrounding properties or the ublic health and welfare. If the Planning Director determines that the use has such iubstantial negative effects, the Planning Director shall recommend that the Planning zommission, after providing the permittee the opportunity to be heard, add additional :onditions to reduce or eliminate the substantial negative effects. Zity Council Resolution No. 2003- -056 Page 6 of 11 24. This Conditional Use Permit is granted for a period of five (5) years from March 4, 2003 through March 3, 2008. 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. 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 this resolution 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. Enqineerinq: 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, Lhe City Engineer for the proposed haul route. Fees/Anreements 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 City Council Resolution No. 2003- -056 Page 7 of 11 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 to the annexation of the area 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. Gradinq 31. 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. DedicationsAmprovements 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: A) 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. B) Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and Dther 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 sontainers. C) Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Water: 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 City Council Resolution No. 2003- -056 Page 8 of 11 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. 35. 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. 36. 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. 37. 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. Buildinq: 38. 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 ("CBC") prior to the issuance of a Certificate of Occupancy by the City or Carlsbad Building Department and Fire Marshal. 39. 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. 40. 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. 41. 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 limited to: A) For use by 36 students, the restroom facilities will need more fixtures and those restrooms will have to be fully accessible to the disabled. B) Hallways and doorways may require modifications depending upon door swing and hallway width. City Council Resolution No. 2003- -056 Page 9 of 1 I C) All entrances must be made fully accessible for the handicapped and accessible paths of travel must be developed amongst and between buildings on site. D) 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. 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. 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 evacuation/fire alarm system. Monthly fire drills, pursuant to state law, will be required of the school. Code Reminders 44. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 45. 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 othewise specifically provided herein. 46. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 47. 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 spproval of the Planning Director prior to installation of such signs. C. That appellant's appeal fees are refunded. D. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 3eview" shall apply: 3ty Council Resolution No. 2003- -056 Page 10 of 11 "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 4th day of March, 2003. by the following vote, to wit: AYES: Council Members Kulchin, Hall and Packard. NOES: Council Members Lewis and Finnila. ABSENT: None. :SEAL)