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
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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
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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
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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.
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