HomeMy WebLinkAbout2003-03-04; City Council; Resolution 2003-056RESOLUTION 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
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
consider this appeal on February 11,2003; and
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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
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- -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
3eclaration and Mitigation Monitoring and Reporting Program is adopted, and the CUP
31-12 is issued with the following findings and conditions:
2onditions:
Vote: Unless otherwise specified herein, all conditions shall be satisfied prior to
:ommencement of the use permitted by this CUP.
1. If any of the following conditions fail to occur; or if they are, by their
:erms, to be implemented and maintained over time, if any of such conditions fail to be
50 implemented and maintained according to their terms, the City shall have the right to
.evoke or modify all approvals herein granted; deny or further condition issuance of all
'uture building permits; deny, revoke or further condition all certificates of occupancy
ssued under the authority of approvals herein granted; institute and prosecute litigation
:O compel their compliance with said conditions or seek damages for their violation. No
tested rights are gained by Developer or a successor in interest by the City's approval of
:his Conditional Use Permit.
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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 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 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- -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.
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.
Housina INon-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 hislherltheir 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- -056 Page 5 of 11
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
(stafldismissal) times of the school:
Track I - 8130 AM13:OO PM
Track II - 8150 AM13120 PM
Track 111 - 9:lO AM13140 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. Parentlteacher 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- -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.
Enaineerinq:
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.
FeeslAareements
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
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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.
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
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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@) 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.
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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 evacuationlfire
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 Cityk 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- -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.
n &4&?,&gp&<@,
RAINE M. WOOD,kity Clerk
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