HomeMy WebLinkAbout2015-08-05; Planning Commission; ; CUP 01-12X1B – LePORT SCHOOLS
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: May 4, 2015
P.C. AGENDA OF: August 5, 2015 Project Planner: Austin Silva
Project Engineer: N/A
SUBJECT: CUP 01-12x1(B) – LePORT SCHOOLS – Request for an amendment to Conditional Use
Permit CUP 01-12x1(A) to broaden the approved student accommodations from grades
one through six, to three years old through sixth grade for the Montessori Arts and
Sciences School located at 3016 Highland Drive in Local Facilities Management Zone 1.
The City Planner has determined that the project belongs to a class of projects that the
State Secretary of Resources has found do not have a significant impact on the
environment, and is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15061(b)(3).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7109 APPROVING Conditional
Use Permit Amendment CUP 01-12x1(B) based on the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
A Conditional Use Permit (CUP) application was submitted to allow for the location of the Montessori Arts
and Sciences School at the 3016 Highland Drive location in February 2002. Prior to the first public hearing,
the applicant made changes to the application including a reduction in the maximum number of students
from 45 to 36. After hearing public testimony and significant Planning Commission discussion, the
Planning Commission denied the project in November 2002. The applicant appealed the Planning
Commission’s denial to the City Council. In March 2003, the City Council overturned the Planning
Commission decision by a vote of 3-2 and approved The Montessori Arts and Sciences School (Casa
Montessori De Vista School) with the reduced maximum student number of 36 proposed by the applicant
and an expiration date of March 3, 2008. In December 2007, a Conditional Use Permit extension (CUP 01-
12x1) was approved by the Planning Commission with an expiration date of March 3, 2013. The Planning
Commission approved an amendment (CUP 01-12x1(A)) to increase the number of students from 36 to
49, and to approve the CUP with no expiration date.
The applicant is requesting the approval to broaden the approved student accommodations from grades
one through six, to three years old through sixth grade. The maximum number of students remains at 49.
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
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CUP 01-12x1(B) – LePORT SCHOOLS
August 5, 2015
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TABLE A
Location General Plan Designation Zoning Current Land Use
Site Residential Low-Medium R-1-10,000 School
North Residential Low-Medium R-1-10,000 Single-Family Residential
South Residential Low-Medium R-1-10,000 Single-Family Residential
East Residential Low-Medium R-1 Single-Family Residential
West Residential Low-Medium R-1-10,000 Single-Family Residential
The Montessori Arts and Sciences School 0.7 acre campus consists of a circular driveway with 12 parking
stalls accessed off of Highland Drive, a 3,491 square foot building used for classrooms, and approximately
10,000 square feet of outdoor yard area. The school currently accommodates 36 elementary school aged
children in grades 1 through 6. The applicant is requesting approval to allow for a wider range of students
from grades one through six, to three years old to sixth grade. No physical changes or tenant
improvements are proposed to the existing school to accommodate the additional age groups. The school
schedule for arrival and departure remains the same.
The school has been in operation since it was approved by the City Council in March 2003. Initial
operational concerns were focused on traffic associated with drop off and pick up during the day. Staff
observed the traffic patterns when the school first started operating and again in response to an
amendment request in 2012. Staff’s conclusion is that the school related traffic does not have a significant
adverse impact on the street system.
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Residential Low Medium (RLM) General Plan Land Use Designation;
B. One Family Residential (R-1-10,000) Zone (C.M.C. Chapter 21.10);
C. Parking Ordinance (C.M.C. Chapter 21.44);
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
E. Growth Management (C.M.C. Chapter 21.90)
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in the sections below.
A. General Plan
The project involves broadening the age and grade groups of students at an existing school facility which
has previously been determined to be in compliance with the General Plan. The site has a General Plan
Land Use designation of Residential Low Medium (RLM). Per the Carlsbad General Plan Land Use Element
Implementing Policy and Action Program C.8, schools are encouraged to be available in close proximity to
each resident of the City. Allowing a wider range of age and grade groups will not require a change to the
General Plan, nor will it cause the existing facility to no longer be consistent with the General Plan.
CUP 01-12x1(B) – LePORT SCHOOLS
August 5, 2015
Page 3
B. One Family (R-1-10,000) Zone (C.M.C. Chapter 21.10)
The Montessori Arts and Sciences School property is zoned One Family Residential (R-1-10,000). Schools,
both public and private, are conditionally permitted in the zone upon approval of a Conditional Use Permit
by the Planning Commission.
Table B below indicates how the existing project complies with all applicable development standards of
the R-1-10,000 Zone. The addition of more age and grade groups to the school will not affect the project’s
compliance with development standards.
TABLE B – R-1-10,000 ZONE DEVELOPMENT STANDARDS
Standards Required Existing
Height Limit 30 Feet 23 Feet
Yards Front: 20 Feet
Rear: 20 Feet
Side: 10 Feet
Front: 110 Feet
Rear: 80 Feet
Side: 10/30 Feet
Lot Coverage 40% maximum Approx.: 14%
C. Parking Ordinance (C.M.C. Chapter 21.44)
Pursuant to Chapter 21.44 of the CMC, the parking requirement for an elementary school facility is 1 space
per employee with adequate student loading and unloading areas. The applicant has stated that the
school has 4 employees on a daily basis. The school has 12 parking stalls located along and within the
circular entrance driveway and sufficient space for student loading and unloading.
The broadening of student age groups does not increase the parking requirement as the amount of
employees does not change. The provision of 12 parking stalls is adequate for the use and is consistent
with the CMC Parking Ordinance, Chapter 21.44 and exceeds the minimum parking requirement by eight
parking spaces.
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
School facilities are permitted in the One Family (R-1) Residential zone subject to the approval of a
Conditional Use Permit. The purpose of the Conditional Use Permit is to allow special consideration for
certain uses to be located in zones other than those in which they are classified as permitted to assure
compatibility within the zone and its surroundings because of their particular characteristics. The
privileges and conditions of a Conditional Use Permit are a covenant that runs with the land, and, in
addition to binding the permittee, bind each successor in interest. Chapter 21.42 of the Carlsbad
Municipal Code requires that four findings be made in order to approve a Conditional Use Permit and
subsequent amendments. All of the required findings can be made as discussed below.
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.
CUP 01-12x1(B) – LePORT SCHOOLS
August 5, 2015
Page 4
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.
The school has been in operation since its original approval and no significant operational issues have
arisen causing city intervention. Since an operational track record has been established by the school, the
applicant’s request to include additional age groups can be supported.
E. Growth Management
The impacts on public facilities created by the project are summarized in the following table:
TABLE C: GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A Yes
Library N/A Yes
Waste Water Treatment 1EDU Yes
Parks N/A Yes
Drainage Basin A Yes
Circulation 74 ADT Yes
Fire Station No. 1 Yes
Open Space N/A Yes
Schools: N/A Yes
Sewer Collection System 1 EDU Yes
Water 803 GPD Yes
CUP 01-12x1(B) – LePORT SCHOOLS
August 5, 2015
Page 5
IV. ENVIRONMENTAL REVIEW
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
CEQA Section 15061(b)(3) – general rule of CEQA applying only to projects which have the potential for
causing a significant effect on the environment. A Notice of Exemption will be filed upon final project
approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7109
2. Location Map
3. Disclosure Form
4. Planning Commission Resolution No. 6975 dated May 15, 2013
5. City Council Resolution No. 2003-056 dated March 4, 2003
6. Exhibits “A” – “D” dated October 2, 2002
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Ccityof
Carlsbad
DISCLOSURE STATEME.NT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's 'statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnershiQ,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly--owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Personh_LAN L./M~N Corp/Part. __________ _
Title ffJ.4)1;.t..T MANA§J!:IZ.. Title. ___________ _
Address I [/?gl-NblrJl:,"t.,.11/hDo Address~-----------
lfla/lNE., ~ qz,18
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person. __________ _ Corp/Part Lp/lNL[ §{,,fk)ol.~
Title. ___________ _ Title ___________ ~--
Address _________ _ Address I Tf.C,/INOlo§Y -I f/'Zoo
IP.V/Nl=-. CA-qit,fA >
P-1(A) Page 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1} or (2) above is a nonprofit organization or a trust,
list the names and addresses of P.NY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non ProfiVTrust__________ Non ProfiVTrust __________ _
Title ------------Title _____________ _
Address -----------Address -------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months? •
D Yes Jxi No If yes, please indicate person(s):. ___________ _
NOTE: Attach additional sheets if necessary.
I certify that 9:11 the above information is true and correct to the best of my knowledge.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2of2 Revised 07 /1 O
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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-
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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-
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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-
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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.
. . .
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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
'kt K s~,.,w_, KERRY. SIEKMANN, Chairper~on
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
City Planner
PC RESO NO. 6975 -5-
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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,
AND ISSUING CONDITIONAL USE PERMIT (CUP 01-12)
CASE NAME: CASA MONTESSORI DE VISTA SCHOOL
CASE NO.: CUP 01-12
WHEREAS, Casa Montessori de Vista School has filed a verified
8 ! application with the City of Carlsbad for a Conditional Use Permit CUP 01-12 on property
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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
as prescribed by law on October 2, 2002 and November 20, 2002 to consider said
verified 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
Casa Montessori de Vista School on December 2, 2002 stating the reasons for the
appeal; and
WHEREAS, this appeal was timely filed pursuant to Carlsbad Municipal
Code section 21.50.100; and
WHEREAS, the City Council did hold a duly noticed public hearing to
26 i • consider this appeal on February 11 , 2003; and
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City Council Resolution No. 2003----=0c.:.5.:a.6 __ Page 1 of 11
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1 WHEREAS, the City Council continued the appeal to February 18, 2003 at
2 which it carefully considered the law, evidence and arguments presented at the public
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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
features necessary to adjust the requested use to existing or permitted future uses in the
neighborhood can be provided and maintained, in that sound walls will be provided
adjacent to the existing residential properties and specimen size landscaping will be
installed around the parking area for immediate screening of the parking lot; and
City Council Resolution No. 2003----0_,._56.,._ __ Page 2 of 11
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1 WHEREAS, the street system serving the proposed use is adequate to
2 I properly handle all traffic generated by the proposed use, in that the proposed on-site
3 . circulation will not impact street circulation since the project will be required to comply
4 with the proposed staggered start/dismissal times, and on-site parental parking will be
5. not be permitted during the start/dismissal times; and
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WHEREAS, the City Council has reviewed each of the exactions imposed
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on the Appellant contained in this resolution, and hereby finds, in this case, that the 8
9 . exactions are imposed to mitigate impacts caused by or reasonably related to the
10 project, and the extent and the degree of the exaction is in rough proportionality to the
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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.
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 an 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
this Conditional Use Permit.
City Council Resolution No. 2003-_-...,,0c.s:5.,.6 __ Page 3 of 11
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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
2 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.
3 Any proposed development different from this approval, shall require an amendment to
this approval. 4
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state, and local laws and regulations in effect at the time of building permit issuance.
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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 resolution(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----=0=5"'-6 __ Page4of11
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1 : 10. 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
2 amendments made to that Plan prior to the issuance of building permits.
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11. 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
projects 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
ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest
shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of
building permits, except for projects involving a request for a non-residential planned
development 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
the 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.
Landscape
16. Developer shall submit and obtain Planning Director approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan and the City's Landscape Manual. All plant materials around the
perimeter of the parking area shall be installed from specimen size containers so that
immediate screening of the parking area can be achieved. The sizes proposed shall be
City Council Resolution No. 2003-_-_...,0=5.:..6 __ Page 5 of 11
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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
Track II
Track Ill
-8:30 AM/3:00 PM
-8:50 AM/3:20 PM
-9:10 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
the school arrival and departure schedule.
20. Parent/teacher conferences and other activities requiring on-site
parking shall be scheduled on a track-by-track basis or off-peak schedule when individual
conferences are necessary. In addition, any activities involving the entire enrollment (to
the extent it would exceed a projected demand in excess of available parking spaces) will
be 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
leaving the site.
22. The existing building labeled "care taker's room" is intended for use
as a multi-purpose room and shall not be occupied for any residential or care taker
purpose.
23. This Conditional Use Permit shall be reviewed by the Planning
Director on a yearly basis to determine if all conditions of this permit have been met and
that the use does not have a substantial negative effect on surrounding properties or the
public health and welfare. If the Planning Director determines that the use has such
substantial negative effects, the Planning Director shall recommend that the Planning
Commission. after providing the permittee the opportunity to be heard, add additional
conditions to reduce or eliminate the substantial negative effects.
City Council Resolution No. 2003-_-_,,0""5"'"6 __ Page 6 of 11
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1 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
2 after a public hearing, if i.t is found that the use has a substantial detrimental effect on
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surrounding land uses and the public's health and welfare, or the conditions imposed 3 herein have not been met. This permit may be extended for a reasonable period of time
4 • 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. 8
9 i Notice
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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.
Engineering:
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,
the City Engineer for the proposed haul route.
Fees/Agreements
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-_-..;;:0""5,,.6 __ Page 7 of 11
1 improvements shall include but are not limited to paving, base, sidewalks, curbs and
gutters, grading, fire hydrants, and streetlights.
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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.
Grading
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.
Dedications/Improvements
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
other 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
containers.
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----=0=5"'-6 __ Page 8 of 11
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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.
Building:
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-_-.,,,0_,_5"'"6 __ Page 9 of 11
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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.
Fire:
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 otherwise 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
approval 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
Review" shall apply:
City Council Resolution No. 2003-_-....,0"'5-"'-6 __ Page 10 of 11
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"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 __ 4t_h __ 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.
. WOOD, ity Clerk
(SEAL)
City Council Resolution No. 2003-_-..,,0"'5-"'6 __ Page 11 of 11
CONDITION NO. 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."
CONDITION NO. 24:
"This Conditional Use Permit is granted for a period of five (5) years from
March 4. 2003 ~Jo•,ombor 20, 2002 through March 3, 2008 No•,ombor 19,
2007. 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."
Page 12 of 12 of
Resolution No 20