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HomeMy WebLinkAbout2021-06-02; Planning Commission; Resolution 7416PLANNING COMMISSION RESOLUTION NO. 7416 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THIRD AMENDMENT TO CONDITIONAL USE PERMIT CUP 01-12 TO ALLOW TWO ADDITIONAL STAFF MEMBERS AND HALF-TIME STUDENTS, AND A TIME EXTENSION RETROACTIVELY TO CONDITIONAL USE PERMIT CUP 01-12 WITHOUT AN EXPIRATION DATE, FOR THE EDUCATIONAL INSTITUTION LOCATED AT 3016 HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: HIGHLAND ACADEMY CASE NO.: AMEND 2020-0015 (DEV01052) WHEREAS, Hannah Lot-Schwartz, "Applicant," 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, 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 01-12Xl, as described and conditioned in Planning Commission Resolution No. 6366; and WHEREAS, on May 5, 2013, the Planning Commission approved CUP 01-12xl(A}, as described and conditioned in Planning Commission Resolution No. 6975; and · WHEREAS, on August 5, 2015, the Planning Commission approved CUP 01-12xl(B}, as described and conditioned in Planning Commission Resolution No. 7109; and WHEREAS said verified application was filed in a timely manner prior to the expiration date and constitutes a request for a Conditional Use Permit Extension and Third Amendment to allow for an extension without an expiration date and to allow two additional staff members and half-time students to the existing educational facility as shown on Exhibit(s) "A" dated June 2, 2021, on file in the Planning Division AMEND 2020-0015 -HIGHLAND ACADEMY, as provided by the conditions of approval of CUP 01-12xl(A) and CUP 01-12xl(B) and Sections 21.42, 21.52, and 21.58.040 of the of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 2, 2021, 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 Conditional Use Permit Extension and Third Amendment. 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 AMEND 2020-0015 -HIGHLAND ACADEMY, 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 the Specific Plan in that the proposed educational institution is located within the Residential {R-4) General Plan Land Use designation which allows for educational institutions and an educational institution has operated at the site since 2003. In addition, the proposed project is consistent with the goals of the Land Use element of the General Plan because the educational institution will promote a diversity of compatible land uses that enable residents to live close to a variety of public support systems. The format of the educational institution operations requires students to arrive and depart at staggered times throughout the day and a condition of approval limiting the maximum number of students to 49 at any given time ensures the school's presence within the neighborhood will be discreet and allows for compatibility in the diversity of land uses. Furthermore, the project will ensure ad~quate provision of community-service facilities for residents and people in the regional area. 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 educational institution 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 additional pick-up times and two additional staff members will not change any significant operational function that would disrupt the existing harmony with surrounding land uses. The PC RESO NO. 7416 -2- site has been designed to accommodate all activities associated with the 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 educational institution meets or exceeds all of the R-1 development standards and complies with the onsite parking and circulation demands for an educational institution. Since the capacity of the student enrollment will not be changed, the project will continue to meet this finding. 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 proposal to add additional pick-up times will have no impact on the levels of service (LOS) of the existing roadway. The project will not have a significant adverse impact on traffic or the street system as the proposed number of students will not increase, students will be assisted from their transportation vehicles to the school facility by school staff personnel to ensure continued traffic flow, and the Average Daily Trips (ADT) generated by the project is 78.4 ADT, which is presumed to have a less than significant transportation impact and does not warrant a detailed Vehicle Miles Traveled (VMT) analysis. 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 dght 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 Extension and Third Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Extension and Third 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. 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 PC RESO NO. 7416 -3- 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/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 Extension and Third Amendment, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. 6. All conditions of approval imposed upon Conditional Use Permit CUP 01-12xl(A) and CUP 01- 12Xl(B) as stated in Planning Commission Resolution Nos. 6975 and 7109 shall apply as conditions of approval for AMEND 2020-0015 and are incorporated by this reference, except Condition No. 5 of CUP 0l-12xl(A) is replaced by Condition No. 7 below, Condition No. 4 of CUP 01-12xl(B) is replaced by Condition No. 8 below, and Condition No. 5 of CUP 01-12xl(B) is replaced by Condition No. 9 below. 7. The following schedule shall be utilized for arrival and departure (start/dismissal) times of the school: Full-time Students Track I -8:30 AM / 3:00 PM Track II -8:50 AM / 3:20 PM Track Ill -9:10 AM / 3:40 PM Half-time Students Track I -8:30 AM / 12:30PM Track II -8:50 AM / 12:50 PM Track Ill -9:10 AM/ 1:10 PM 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. 8. A maximum of forty-nine (49) children from ages three to grade six and a maximum staff level of six (6) person shall be permitted at the private school. 9. This Conditional Use Permit Amendment 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 PC RESO NO. 7416 -4- 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. PC RESO NO. 7416 -5-