HomeMy WebLinkAbout2019-05-15; Planning Commission; ; CUP 14-04 (DEV04051) – DEHESA CHARTER SCHOOLItem No.
Application complete date: n/a
P.C. AGENDA OF:May 15, 2019 Project Planner: Shannon Harker
Project Engineer: David Rick
SUBJECT: CUP 14-04 (DEV04051) – DEHESA CHARTER SCHOOL – A report on the status of the
operation of Dehesa Charter School within the Bluwater Crossing mixed-use development
located at 6797 Embarcadero Lane, pursuant to Condition No. 23 of Planning Commission
Resolution No. 7092 for Conditional Use Permit 14-04.
I.RECOMMENDATION
That the Planning Commission accept the report.
II.PROJECT DESCRIPTION AND BACKGROUND
On April 1, 2015, the Planning Commission adopted Resolution No. 7092 (Attachment 2), approving a
Conditional Use Permit for a term of 10 years for a Pre-K through 12th grade school accommodating up to
220 students and 18 staff members within the first floor (11,688 square feet) of an existing three-story
mixed-use building in the Bluwater Crossing development located at the southeast corner of Avenida
Encinas and Embarcadero Lane.
To address concerns regarding the potential for incompatibility with the surrounding residential and
commercial land uses in the mixed-use development, including issues related to parking and traffic
circulation, several operational conditions were added to the Conditional Use Permit. The Planning
Commission approved the project with the addition of the following condition at the public hearing:
Condition No. 23 of Planning Commission Resolution No. 7092:
23.A status report shall be prepared and presented to the Planning Commission at a public hearing
two years from project approval. The Planning Commission will consider at the public hearing
when or if additional status reports shall occur.
Building permits for the project took longer than expected to be issued and the tenant improvements
took approximately one year to complete. As a result, the City Planner authorized the postponement of
the status report to the Planning Commission, initially due in 2017, as it would have been premature to
report on the progress of the integration of the school within the existing mixed-use development. While
the Conditional Use Permit has been effective since April 1, 2015, the subject status report represents an
approximate two-year update on the operation of the school since it opened.
Attachment 4 contains the Traffic Monitoring Report (TMR) prepared by Linscott Law & Greenspan, dated
January 18, 2019. Pursuant to the TMR, while the school complies with the traffic and circulation-related
conditions of Planning Commission Resolution No. 7092, suggestions were provided to further improve
the traffic circulation. The consultant recommended that the school administrators continue to remind
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PLANNING COMMISSION
Staff Report .
0
CUP 14-04 (DEV04051) – DEHESA CHARTER SCHOOL
May 15, 2019
Page 2
and educate the parents about the required circulation and loading plan on Embarcadero Lane. The
consultant also suggested the placement of temporary cones to prevent full use of the traffic circle and
prevent vehicles from making a U-turn. Finally, the consultant suggested the operator of the school
conduct a bi-annual transit awareness program to encourage the use of alternate modes of
transportation.
To verify the conclusions of the report, Planning and Engineering staff monitored the traffic circulation in
the afternoon during the peak pick-up times on March 25, 2019, and in the morning during the peak drop-
off times on March 27, 2019. The following observations and conclusions were made:
•Although there were a few drivers that used the traffic circle approaching from the north to drop
off or pick-up their children instead of approaching from the south, as required pursuant to the
Conditional Use Permit, the numbers were limited so as not to cause any significant disruption to
the efficiency of the drop-off and pick-up times. Staff does not recommend the use of the cones
to deter U-turns around the traffic circle as a daily requirement. The operators of the school, in
coordination with other property owners of interest such as the homeowner’s association or the
property management company, may temporarily add the cones per the TMR prepared by
Linscott Law & Greenspan, dated January 18, 2019, during pick-up and drop-off hours on as as-
needed basis.
•The students waited in groups in a controlled environment for their parents to arrive at the end
of the school day.
•Parents and teachers actively monitored the loading and unloading of the students.
•The school start and end times were staggered to control the volume of cars during the peak pick-
up and drop-off times.
•The use of the parking stalls designated for school parking was not adversely impacted by the
queue of cars.
•The queue of cars did not extend south across the driveway providing access to the multi-family
residential development to the south at any time.
•The required signage for the school parking stalls has been installed and specifies the limitations
for each type of parking stall.
Pursuant to the TMR and the monitoring completed by staff, the school complies with the conditions of
the Conditional Use Permit. No code enforcement complaints have been filed with respect to the
operation of the school, which further supports how well the school has integrated with the mixed-use
development. In summary, staff does not recommend any changes to the project conditions for the
operation of Dehesa Charter School and does not recommend any further status reports. The operation
of the school will continue to be monitored on an on-going basis pursuant to Condition No. 14 of CUP 14-
04.
ATTACHMENTS:
1.Planning Commission Staff Report, CUP 14-04
2.Planning Commission Resolution No. 7092
3.Location Exhibit
4.Traffic Monitoring Report, Linscott Law & Greenspan, January 18, 2019
ATTACHMENT 1
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
ltemNo. 0
P.C. AGENDA OF: April 1, 2015
Application complete date: December 22, 2014
Project Planner: Shannon Werneke
Project Engineer: David Rick
SUBJECT: CUP 14-04 -DEHESA CHARTER SCHOOL -Request for a Conditional Use Permit for a
term of 10 years for a Pre-K through 12th grade school accommodating up to 220
students and 18 staff members within the first floor (11,688 square feet) of an existing
three-story mixed use development in the Bluwater Crossing development, located at
the southeast corner of Avenida Encinas and Embarcadero Lane, in the C-T zone,
Poinsettia Properties Specific Plan (SP 210(A)) and Local Facilities Management Zone 22.
The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities)
Categorical Exemption.
I. . RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7092 APPROVING CUP 14-
04 for a term of 10 years, based upon the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Background
On February 1, 2005, the City Council approved the development of Planning Area 6 (CT 04-11/PUD 04-
10/SDP 04-09/CUP 04-15/CDP 04-26), more commonly known as Bluwater Crossing, of the Poinsettia
Properties Specific Plan (SP 210(A)). The site is located on the southeast corner of Embarcadero Lane
and Avenida Encinas.
Due to the close proximity of Planning Area 6 (PA 6) to the Poinsettia Coaster Station, the primary goal
of the Specific Plan was to implement a transit-oriented development and discourage the use of
automobiles and parking. Accordingly, to encourage pedestrian access between commercial/retail
elements of the planning area with the adjacent transit station and other Specific Plan areas, PA 6 was
developed with a mixture of commercial uses and residential units, including live-work units, lofts and
affordable apartments.
In addition to a mixture of residential and commercial uses in PA 6, a Conditional Use Permit was
approved for a 3,296 square foot daycare center for up to 60 children and 6 employees (CUP 04-15).
Due to the timing of the construction of PA 6 at the height of the economic downturn, the owner has
had difficulty securing tenants to occupy the retail/commercial space as well as the anticipated day care
center. At this time, all of the retail space located within PA 6 (18,337 square feet, 6790 and 6797
Embarcadero Lane), as well as the day care center, are currently unoccupied/vacant suites.
Pursuant to the development guidelines and standards for PA 6 ofthe Poinsettia Properties Specific Plan
(SP 210(A)), a wide range of transit-oriented uses which are typically allowed in the Commercial Tourist
(C-T) Zone are envisioned within the development. These uses include, but are not limited to,
restaurants, fast food (no drive thru), bakery, coffee shop, video rentals, retail, banking, child care
center, dry cleaners, book stores, office/professional, other commercial/retail uses, and any other use
which may be approved by the City Planner.
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 2
Project Description
The applicant, Element Education, is requesting approval of a Conditional Use Permit to operate a Pre-K
through 12th grade charter school, including two Montessori schools within the ground floor (11,688
square feet) of Building 1 of Planning Area 6 of the Bluwater Crossing development, which is located on
the southeast corner of Embarcadero Lane and Avenida Encinas . The school proposes to accommodate
up to 220 students and 18 staff members.
The 11,688 square foot ground floor of Building 1 of PA 6 was approved for the development of a 3,296
square foot day care center as well as 8,392 square feet of commercial/retail space. The 2nd and 3rd
floors of Building 1 were approved for the development of 12 inclusionary/affordable apartments. The
inclusionary units are all occupied; however, as discussed above, the commercial/retail space and the
area slated to be developed as a day care are unoccupied. In addition to the private school, a 13,000
square foot playground is also proposed adjacent to the east elevation of Building 1. The details of the
playground are discussed in greater detail below.
Element Education is a non-profit corporation with a m1ss1on to design and support educational
programs which empower students to drive their own learning. The non-profit corporation currently
manages Dehesa Charter School and Community Montessori Charter School, both of which are public
schools. In addition, as part of the subject proposal, Element Education intends to broaden its spectrum
of service to include pre-school-aged children (ages 3-5) by opening My Element Montessori, a private
early learning program.
The proposed school will operate on a traditional school calendar year (i.e., 175 days of instruction),
typically beginning after Labor Day and concluding by mid-June. Half-day summer camps for the pre-
school/daycare program are anticipated to be offered from mid-August to September. In addition,
special events may include an annual open house and student performance. Representatives of Dehesa
Charter School have indicated that they are hoping to commence school instruction for all three
components of the school in the fall of this year (2015). In addition, they have requested a term of 10
years for the Conditional Use Permit as it coincides with the term of their lease.
Over the course of the 10 years that Dehesa Charter School is initially requesting to operate, up to 220
students at any one time are anticipated to attend the school. In addition, a total of 18 teachers/staff
will be needed. It is anticipated that the school will operate at a capacity of 75% within the first year. A
total of 8 classrooms, as well as a conference room, an administrative office and a pantry/small kitchen,
are proposed to be created upon the approval of a tenant improvement building permit. Suite A, which
includes three classrooms located towards the rear portion of the first floor and adjacent to the
proposed playground, will accommodate the private daycare and Montessori classes for children which
are ages 3-5 years old (i.e., My Element Montessori). A maximum of 72 students and 8 staff members is
anticipated for this age group. The remaining 5 classrooms, consisting of Suites B and C (i.e., Dehesa
Charter School and Community Montessori, respectively), will occupy the western/front half of the
building and will be dedicated to K-12 and will have a maximum of 148 students and 10 teachers/staff.
As summarized in Tables 1 and 2 below, the primary drop-off and pick-up hours for the proposed
Montessori schools are staggered throughout the day. These different times have been proposed to
minimize any stacking issues that may be encountered in the vehicle queue, which will be located along
Embarcadero Lane. In addition, please note that the drop-off and pick-up times identified for Dehesa
Charter School, grades 7-12, are not included since the times will vary throughout the day.
Representatives from Dehesa Charter School have indicated that it will be a home-school-based
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 3
program with the option to attend classes during the week for tutoring or electives. Core classes will be
offered on Mondays and Wednesdays, tutoring labs will be offered on Tuesdays and electives will be
offered on Thursdays. Students may attend as many or as few as they would like. However, parking will
still be provided for this component of the school, based on the current parking requirements Please
see Section D of the staff report for a detailed discussion and analysis of the parking requirements,
circulation and vehicle queue for the proposed school.
Drop-Off
Start Time
Class End
Pick:UP
Drop-Off _
Start Time
Class End
Pick-Up
TABLE 1
TYPICAL WEEKLY SCHEDULE FOR MY ELEMENT MONTESSORI
(AGES 3-5, 24 STUDENTS/CLASSROOM, TOTAL OF 72 STUDENTS)
CLASSROOM l(A) CLASSROOM l(B) CLASSROOM 2 Half Day Program Half Day Program
8:00 -8:15 am 1:00 -1:15 pm 7:45 -8:30 am
8:15 am 1:15 pm 8:30 am
11:15 am 4:15 pm 2:45 pm
11:15 -11:30 am 4:15 -4:30 pm 2:45 -3:00 pm
TABLE 2
TYPICAL WEEKLY SCHEDULE FOR COMMUNITY MONTESSORI
(AGES 5-12, 32 STUDENTS/CLASSROOM, TOTAL OF 96 STUDENTS)
-
CLASSROOM 3
CLASSROOM 1 CLASSROOM 2 Extended Day
Program
8:30 -8:45 am 8:45 -9:00 am 7:30 -9:00 am
8:45 am 9:00 am
3:00 pm 3:15 pm
3:00 -3:15 pm 3:15 -3:30 pm 4:30 -6:00 pm
CLASSROOM 3
Extended Day
Program
7:15 -8:45 am
4:30 -6:00 pm
In addition to the school, a 13,000 square foot playground is proposed .. This area is currently flat and
undeveloped as it was anticipated to be used as the playground for the daycare. Uses proposed in the
playground cater to the variety of ages at the school, including two play structures, a lunch area with
tables, tether ball court, crawl tunnel, and a raised garden. Two shade structures are also proposed over
the equipment for the younger children. An existing noise wall fronting along Avenida Encinas as well as
the southerly property which abuts an apartment complex to the south will assist in shielding the
playground as well as buffer any noise associated with the playground.
Parking for the school will be provided by a mixture of existing temporary and permanent surface stalls,
as well as a limited number of stalls in the existing underground parking structure for Planning Area 6.
As the required number of stalls for the school does not exceed what was originally required for the day
care center and the retail uses on the ground floor of Building 1 of the Poinsettia Commons/Bluwater
Crossing project, no additional parking spaces are required. In addition, the Parking Management Plan
originally prepared for PA 6 and required as a component of the CC&Rs for CT 04-11 has been revised to
address the change in use and parking arrangements. Please see Attachment 5 for details.
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 4
The proposed school is an allowed educational use in the C-T Zone subject to the approval of a
Conditional Use Permit (CUP). All findings required for approving a CUP can be made with this project.
The Planning Division is recommending that the Conditional Use Permit (CUP 14-04) be approved for 10
years as requested by the applicant from March 18, 2015 through March 17, 2025.
Table 3 below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
TABLE 3
Location General Plan Designation Zoning Current Land Use
Site TR/RH C-T Bluwater Crossing mixed use development
North Pl/O P-M/O Vacant Planned-Industrial/Office-zoned
parcel
South RH/RMH RD-M Multi-family apartment complex, detached
single-family development
East C C-2 Porsche and Volvo auto dealerships
West TR/RH, RM/O C-T/RD-M-Q Bluwater Crossing mixed use development,
Poinsettia coaster station
Ill. ANALYSIS
The proposed project is subject to the following ordinances, standards, and policies:
A. Travel/Recreation Commercial and Residential High-Density (T-R/RH) General Plan Land Use
designation;
B. Poinsettia Properties Specific Plan, SP 210(A);
C. Commercial Tourist (C-T) Zone, (CMC Chapter 21.29);
D. Parking Ordinance (CMC Chapter 21.44);
E. Conditional Use Permit Regulations (CMC Chapter 21.42); and
F. Growth Management Ordinance (CMC Chapter 21.90), Local Fadlities Management Plan Zone
22.
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 and policies is discussed in the sections below.
A. General Plan
The T-R/RH (Travel/Recreation Commercial and Residential High-Density) General Plan Land Use
designation for the site was adopted concurrently with the Poinsettia Properties Specific Plan and allows
for the development of commercial uses which serve the travel and recreation needs of tourists and
residents as well as allowing residential development.
The proposed Dehesa Charter School is consistent with the applicable policies and programs of the
General Plan as demonstrated in Table 4 below.
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 5 ·
TABLE 4 -GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES &
OBJECTIVE OR PROGRAM IMPROVEMENTS
Land Use Site is designated for A school is a conditionally-
Travel/Recreation Commercial permitted educational use in the
and Residential High-Density Commercial Tourist Zone, which
implements the T-R General Plan
Land Use designation. In addition,
the school provides a service to
the residential community,
potential commuters, as well as
the business community, which is
a goal of Planning Area 6 of the
Poinsettia Properties Specific Plan.
Circulation Require new development to The existing parking lot is
provide safe, adequate, and consistent with Fire Department
attractively-landscaped parking circulation standards as well as
areas. the Landscape Manual. The
circulation and queuing plan for
the drop-off and pick-up of the
students has been reviewed and
approved by the Land
Development Engineering
Division.
Public Safety Design all structures in The tenant improvements
accordance with the seismic associated with the project will
design standards of the UBC and meet UBC and State seismic
State building requirements. requirements.
COMPLIANCE
Yes
Yes
Yes
CUP 14-04 -DEHESA CHARTER SCHOOL
April 1, 2015
Page 6
TABLE 4 -GENERAL PLAN COMPLIANCE (CONTINUED)
ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES &
OBJECTIVE OR PROGRAM IMPROVEMENTS
Noise Non-Residential exterior noise The existing building was
standard of 65 CNEL and interior developed consistent with the
noise standard of 45 CNEL. requirements of the Noise
Guidelines Manual. Mitigation
Residential exterior noise measures were required and
standard of 60 CNEL and interior implemented as part of SP 210(A),
noise standard of 45 CNEL. which included the construction of
a noise attenuation wall along the
property line fronting Avenida
Encinas as well as the eastern
property line which abuts a
property which is developed with
apartments. In addition, air
conditioning units were
incorporated into the
development.
Because a playground is proposed
in conjunction with the proposed
private school, a noise study was
prepared (Mestre Grave
Associates, December 11, 2014).
Based on the orientation of the
residential land uses on the 2nd
and 3rd floor, wherein a door,
hallway and the east elevation
wall are located in between the
units and the playground, it was
determined that the existing
features could adequately
attenuate the noise generated by
the proposed playground.
Specifically, the indoor noise level
is projected to be less than 30
CNEL, which is well below the 45
CNEL threshold. No exterior
balconies face the playground
area as all are located on the west
side of the building.
Therefore, the Dehesa Charter
School is consistent with the
interior and exterior noise
standards.
COMPLIANCE
Yes
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 7
B. Poinsettia Properties Specific Plan (SP 210(A))
The subject property is located within Planning Area 6 of the Poinsettia Properties Specific Plan (SP
210(A)). Although SP 210(A) specifies that the zoning provisions are subject to the Commercial Tourist (C-
T) zone development standards, a number of development standards as well as special design criteria are
included within the Specific Plan. As demonstrated in Table 5 below, the Dehesa Charter School is
consistent with the applicable standards and guidelines.
TABLE 5 -POINSETTIA PROPERTIES SPECIFIC PLAN CONFORMANCE
SPECIFIC PLAN STANDARD REQUIRED PROPOSED
Permitted Uses PA 6 allows. up to 80,000 square feet of The proposed charter school is an
commercial/retail uses as allowed · educational use that can be
under the CT zone including, but not permitted with a conditional use
limited to, restaurants, fast food (no permit in the C-T zone. The City
drive thru), bakery, coffee shop, video Planner has determined that the
rentals, retail, banking, child care charter school is similar to a day
center, dry cleaners, book stores, care center and can be processed
office/professional, other as a conditional use permit since
commercial/retail uses, and any other the C-T zone conditionally allows
use which may be approved by the City the use.
Planner.
Building Height Maximum of 35 feet or three stories N/ A-no additions proposed. The
existing building height will remain
at 35 feet. Tenant improvement
only to accommodate change of
use.
Setbacks All buildings shall be setback a All playground equipment is
minimum of 30 feet from Avenida located at least 30 feet from
Encinas Avenida Encinas and 10 feet from
the side/rear property line which
10-foot side/rear yard setback if abuts a residential zone. No
adjacent to residential. additions are proposed to Building
1, which meets the requisite
setbacks.
CUP 14-04-DEHESA CHARTER SCHOOL
April 1, 2015
Page 8
SPECIAL REQUIREMENTS
Offer commercial uses which are related to the Similar to a child day care center, the proposed charter
use of the Poinsettia Coaster Station. These school is a use which could be utilized by commuters of
uses are ones which might cause the need for the Poinsettia Coaster Station. In addition, the school
an additional stop on the way to or from the complements and could support the residential uses in
Coaster Station, such as cleaners, coffee shop, the community.
child day care, book or periodical purchase, or
market.
Offer a mixed use environment for people to The proposed school could be utilized by the residents
work and live in one location and yet have of the Bluwater Crossing development and the nearby
transportation services available to them, residential developments, which would reduce the
thereby reducing the need for the use of an need for the use of a vehicle. In addition, commuters
automobile. could also utilize the Coaster Station to drop off/pick-
up their children from school, which would reduce the
need for a car.
Encourage a mix of small office, retail and The City Planner has determined that the proposed
residential buildings and uses. To create the 11,688 square foot Pre-K through 12th grade school is
desired "village atmosphere", no individual use similar to the day care facility in that it will provide a
should take up more than 10,000 square feet. service to the residential community. In addition, the
However, subject to the approval of the City larger size of the school is necessary to ensure it is an
Planner, certain users may exceed this economically viable use. The school will contribute to
maximum square footage requirement. An the "village atmosphere" as it will bring a large tenant
example would be an individual business to a development which has been unable to fill the
providing a variety of uses, such as a coffee vacant commercial tenant suites. The school has the
shop, book store, or video rental. Another potential to act as a catalyst for the community and
exception would be a d1ay care facility that may may encourage prospective commercial/retail tenants
need more than 10,000 square feet to be to open a business in the community.
economically viable while providing a much
needed service to the residents of the plan.
When approving uses larger than 10,000 square
feet, their impact on the desired "village
atmosphere" shall be considered by the City
Planner.
C. Commercial Tourist (C-T) Zone (C.M.C. Chapter 21.29)
The subject site is zoned Commercial Tourist (C-T). Pursuant to SP 210(A), any use within Planning Area
6 of the Specific Plan area shall comply with the C-T zone; therefore, the project is subject to the
provisions of Chapter 21.29 of the Zoning Ordinance. Pursuant to the land use matrix in the C-T zone,
Dehesa Charter School is identified as an educational institution or school and is subject to the approval
of a Conditional Use Permit. A summary of the Conditional Use Permit findings are provided in Section E
below.
The proposed charter school will occupy the existing ground floor of Building 1 of the Bluwater Crossing
development. No additions to the building are proposed; however, minor exterior improvements will be
needed, such as additional doors, etc., to accommodate the change in use. Because the property abuts a
residentially-zoned property to the south, all buildings, structures and walls in excess of 6 feet in height
are setback a minimum of 10 feet as required from the southerly property line. As no additions are
proposed to the existing 35-foot-tall building, the project remains consistent with the 35-foot height
limitation identified in the C-T zone.
CUP 14-04 -DEHESA CHARTER SCHOOL
April 1, 2015
Page 9
D. Parking Ordinance (C.M.C. Chapter 21.44)
Parking
Pursuant to SP 210(A), a total of 107 surface parking stalls were allocated for the mixture of
commercial/retail, daycare and residential guest parking within Planning Area 6. This total number of
stalls includes a 15% common facilities parking reduction which was approved in conjunction with the
development of Planning Area 6 (CT 04-11/PUD 04-10/SDP 04-09/CUP 04-15/CDP 04-26, Poinsettia
Commons). Based on a breakdown of the mixture of uses and the 15% common facilities reduction, the
ground floor of Building 1 in Planning Area 6, which was originally anticipated to be developed with
retail uses (8,392 square feet of leasable space) and a daycare with 60 children/6 employees, a total of
41 surface parking stalls were allocated.
As analyzed in Table 6 below a total of 29 parking stalls are required for the proposed school and a total
of 32 parking stalls are proposed (i.e. designated on site plan for use by the school). Therefore, based
on the difference between the number of parking stalls originally allocated to the ground floor uses and
the required number of parking stalls for the proposed school, an overall surplus 9 parking stalls exists
(i.e. 41 originally allocated -32 proposed= 9 space surplus) within Planning Area 6 of SP 210(A).
TABLE 6 -PARKING ANALYSIS
PROPOSED USE PARKING REQUIREMENT PARKING SPACES REQUIRED
My Element One space per 10 students plus one
Montessori/Preschool {1) space per employee with an 16 spaces
(private): adequate unloading/loading area
72 students/8 employees = 16 spaces
Community Montessori One (1) space per employee with an
Elementary School (public): adequate unloading/loading area 7 spaces
96 students/7 employees = 7 spaces
Dehesa Charter Middle One (1) space per employee with an 2 spaces
School (public): adequate unloading/loading area
28 students/2 employees = 2 spaces
Dehesa Charter High One space per 10 students plus one 4 spaces
School (public): (1) space per employee with an
24 students/1 employees adequate unloading/loading area
= 4 spaces
Total Parking Required: Total Parking Provided
29 spaces 32 spaces
{10 surface parking spaces for limited time/15 minute parking, 18
surface parking spaces with no time limitation, and 6 underground
parking stalls with no time limitation for use by school staff only)
Pick-Up/Drop-Off Schedule and On-Site Circulation
Access to the project site and the larger Bluwater Crossing development can be taken from two
privately-maintained driveways (i.e. Embarcadero Lane) located off of Avenida Encinas. In addition,
there is an existing round-about located in front of the proposed school. To avoid the potential for a
spillover of cars onto Avenida Encinas, parents with children attending the school will be instructed to
use the southerly driveway entrance to access the school. A vehicle queue plan has been provided to
demonstrate how the vehicles will be stacked in the morning and afternoon hours when the school
begins and ends.
CUP 14-04 -DEHESA CHARTER SCHOOL
April 1, 2015
Page 10
As shown in the Typical Weekly Schedule for the Montessori schools (Tables 1 and 2) located in the
Project Description section of this report, to lessen the number of cars coming and going within the
parking lot at any given time, a number of drop-off times (staggered between 7:15 to 9:00 a.m.) are
proposed in the morning. In addition, drop-off/pick-up monitors will be used to assist with unloading
the children and guiding them safely to the school. For those parents that have a need to go inside the
school for a limited time, a total of 10 short-term (i.e. 15 minutes, signed for temporary parking) parking
stalls will be provided adjacent to the building as well.
Several pick-up times are proposed to be implemented in the afternoon, Monday through Friday.
Generally, several preschoolers with older siblings will remain at the school in the "Extended Day"
program until their older siblings get out of school. An afternoon vehicle queue will be in place for the
grade school children.
To adequately analyze the proposal, a Pick-Up/Drop-Off Assessment was prepared for the project by
Linscott, Law and Greenspan (dated February 24, 2015). Please see Attachment 6 for details. The
Assessment did not identify any significant pick-up or drop-off loading issues. A number of
recommendations were made which have been included as project conditions for the project. Please see
Planning Commission Resolution No. 7092 for details. In addition, a Parking Management Plan was
prepared for the developmen~ of Planning Area 6 and has been revised as part of the subject
Conditional Use Permit which represents a change in use from retail uses and a daycare to the proposed
school. Please see Attachment 5 for details on the revised plan.
E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
As discussed in Section C above, pursuant to the Commercial Tourist Zone (C-T), a Conditional Use
Permit is required to be processed for the private school pursuant to Chapter 21.42 of the Carlsbad
Municipal Code. Uses subject to a CUP possess characteristics of such unique and special form as to
make impracticable their being included automatically in any land use classification. In granting a CUP,
certain safeguards to protect the health, safety and general welfare of the public may be required as
conditions of approval. In addition, pursuant to Section 21.42 of the Carlsbad Municipal Code, CUPs
may only be granted when the appropriate findings of fact can be made. Staff has reviewed the
proposed use and found that all the necessary findings can be made to approve the Conditional Use
Permit. The required findings and satisfaction of these findings are included in Planning Commission
Resolution No. 7092. In summary, the proposed use is desirable for the development of the community,
is in compliance with the General Plan, is not detrimental to existing or proposed permitted uses, the
site is adequate to accommodate the use, includes adequate development features to integrqte it into
the neighborhood, and the street system is adequate to properly handle all traffic generated by the use.
The proposed project also includes a recommendation to approve the Conditional Use Permit for the
school for a term of 10 years. While the standard term is typically 5 years, the applicant has requested
this unique term to coincide with the terms of their lease with the property owner for the school. As
with all conditional use permits, should any issues arise with respect to compliance with the conditions
placed on the project or if the use is determined to have a potentially substantial detrimental effect on
surrounding land uses and/or the public's health, the project has been accordingly-conditioned to
require the review of the project on an annual basis and provide the City Planner with the ability to refer
the Conditional Use Permit back to the Planning Commission for consideration of condition modification
or revocation. Further, because the school is located within a private development with CC&Rs and a
Parking Management Plan, any issues that arise between property owners and tenants can be referred
to the owner's association for mediation or resolution.
CUP 14-04 -DEHESA CHARTER SCHOOL
April 1, 2015
Page 11
F. Growth Management Ordinance
The proposed project is located within Local Facilities Management Zone 22 in the southwest quadrant
of the City. The impacts on public facilities created by the project and its compliance with the adopted
performance standards are summarized in Table 6 below.
TABLE 6
Growth Management Compliance
STANDARD IMPACTS COMPLIANCE
City Administration N/A Yes
Library N/A Yes
Waste Water Treatment 5.17 EDU Yes
Parks N/A Yes
Drainage N/A Yes
Circulation 586 ADT Yes
Fire Station No. 4 Yes
Open Space N/A Yes
Schools N/A Yes
Sewer Collection System 5.17 EDU Yes
Water 2232 GPD Yes
V. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301(a), 11Existing Facilities," of the State CEQA
Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption
shall be filed with the County Clerk upon approval of this project.
ATTACHMENTS:
1. Planning Commission Resolution No. 7092 (CUP 14-04)
2. Location Map
3. Disclosure Statement
4. Reduced Exhibits
5. Parking Management Plan, dated March 3, 2015
6. Element Education Pick-Up/Drop-Off Assessment, Linscott Law & Greenspan, dated February 24,
2015
7. Full Size Exhibits 11A11
-
11J11 dated April 1, 2015
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
A TERM OF 10 YEARS FOR A PRE-K THROUGH 12TH GRADE SCHOOL
ACCOMMODATING UP TO 220 STUDENTS AND 18 STAFF MEMBERS
WITHIN THE FIRST FLOOR (11,688 SQUARE FEET) OF AN EXISTING
THREE-STORY MIXED USE DEVELOPMENT IN THE BLUWATER CROSSING
DEVELOPMENT, LOCATED AT THE SOUTHWEST CORNER OF AVENIDA
ENCINAS AND EMBARCADERO LANE, IN THE C-T ZONE, POINSETTIA
PROPERTIES SPECIFIC PLAN (SP 210(A))) AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: DEHESA CHARTER SCHOOL
CASE NO.: CUP 14-04
WHEREAS, Element Education, Inc., “Applicant” and Macquarie Poinsettia
Incorporated, “Owner,” have filed a verified application with the City of Carlsbad regarding property
described as
Lot 1 of Carlsbad Tract No. CT 04-11, Poinsettia Commons, in the City
of Carlsbad, County of San Diego, State of California, according to map
thereof No. 15593, filed in the Office of the County Recorder of San
Diego County on August 17, 2007, and the Certificate of Correction
recorded December 28, 2009 as Instrument No. 2009-0716207 of
Official Recorded
EXCEPTING THEREFROM each Unit as shown on the Condominium
Plan for 6797 Embarcadero Lane, recorded in the Office of the County
Recorder of San Diego County, California, on May 13, 2011, as
Document No. 2011-0249327 and any amendments thereto
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits “A” – “J” dated April 1, 2015, on file in the Planning Division, DEHESA CHARTER
SCHOOL – CUP 14-04, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 1, 2015, 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.
PLANNING COMMISSION RESOLUTION NO. 7092
ATTACHMENT 2
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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 DEHESA CHARTER SCHOOL – CUP 14-04, 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, in that the proposed
11,688 square foot, 220-student private school is proposed to be located within Planning Area
6 of the Poinsettia Properties Specific Plan (SP 210(A)). The General Plan as well as SP 210(A)
recognize the need for transit-oriented uses and the proposed Pre-K through 12th grade
school will provide an educational service which is located in close proximity to the
employees of the businesses and residents within the Bluwater Crossing development, as well
as the residents of the nearby residential communities. In addition, the proposed school is
located near the Coaster Station and will encourage parents and employees of the school to
utilize an alternate form of transportation which is an overarching goal of SP 210(A).
Pursuant to SP 210(A), any use within Planning Area 6 of the Specific Plan area shall comply
with the C-T zone, which implements the Travel/Recreation Commercial General Plan Land
Use designation. Pursuant to the land use matrix in the C-T zone, the Dehesa Charter School
is identified as an educational institution which is subject to the approval of a Conditional Use
Permit.
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 proposed private school is
compatible with the surrounding businesses and residential uses and the proposed use will
provide adequate parking that is consistent with the city’s parking requirements. Specifically,
the proposed school will require less parking than the originally-anticipated retail and daycare
uses for the ground floor of Building 1 in Planning Area 6 of SP 210(A). In addition, a noise
study prepared for the project (Mestre Grave Associates, December, 2014) concluded that
there would be no impacts to the existing residential units located on the 2nd and 3rd floors of
the building in which the school is proposed to be located since there is a hallway, solid wall
and doors located in between the units and the proposed playground. Furthermore, an
existing six-foot-tall sound wall located around the perimeter of the development will
attenuate any exterior noise generated by the proposed playground. The pick-up and drop-
off times for the students will be staggered to reduce the amount of stacking that may occur
in the morning when school begins or in the afternoon when instruction ends. Furthermore,
the school is proposed to be located within an existing building and only tenant
improvements and minor improvements to the exterior elevations are required to
accommodate the use.
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
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that the proposed school will occupy the vacant ground floor of an existing mixed-use building
with existing onsite landscaping. A landscape plan is proposed for the development of the
rear yard with a playground. An existing six-foot-tall noise wall along the rear perimeter of
the development will assist in attenuating any noise associated with the playground and in
screening the playground equipment from the street and adjacent multi-family residential
development to the south. The playground equipment complies with the required setbacks
and no additions are proposed to accommodate the proposed private school. Furthermore,
the project complies with all of the required development standards of the C-T Zone and the
Poinsettia Properties Specific Plan (SP 210(A)) and the proposed 11,688 square foot lease
space is adequate in size and shape to accommodate the proposed private school. A total of
10 parking stalls in front of the school are designated for limited-time parking to allow
parents who need to come inside the school to pick up or drop off their children. In addition,
the school will have traffic monitors outside to facilitate the traffic circulation when the
school begins or ends. The Parking Management Plan (October, 2014) has been revised to
address the change in use from retail and daycare to the proposed Pre-K through 12th grade
school.
4.That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access to the school can be taken from a privately-
maintained driveway (i.e. Embarcadero Lane) located off of Avenida Encinas. In addition,
there is an existing round-about located in front of the proposed school to facilitate the
circulation. To avoid the potential for a spillover of cars onto Avenida Encinas, parents with
children attending the school will be required to use the southerly driveway entrance to the
Bluwater Crossing development. A separate stacking lane is proposed and the start and end
times for the various different grades are staggered to reduce the number of cars in the
queue. A revised parking management plan has been prepared which outlines how the
parking stalls will be designated for the Bluwater Crossing development. In addition, a Pick-
Up/Drop-Off Assessment prepared by Linscott, Law & Greenspan (February 24, 2015) was
prepared which determined that no significant pick-up/drop-off loading operation issues
would exist with the implementation of the recommendations, which have been incorporated
as project conditions. The traffic generated by the proposed school will not exceed what was
originally anticipated in association with the daycare and retail uses and, therefore, will
remain in compliance with what was analyzed in association with SP 210(A) and will not
significantly impact the surrounding road segments or intersection levels of service.
5.The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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6.That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
7.That 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 Section 15301(a), Existing Facilities, of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
8.The Planning Commission has reviewed each of the exactions imposed on the Developer
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building
permits.
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.
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/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
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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.Developer shall submit to City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
7.Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8.This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
9.This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10.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.
11.Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 22, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
12.Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 7092 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 City Planner 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.
13.Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
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14.CUP 14-04 shall be reviewed by the City Planner annually 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, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
15.This Conditional Use Permit is granted for a period of ten (10) years from April 1, 2015 through
March 30, 2025. 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 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.
16.Dehesa Charter School is approved for a maximum enrollment of 220 students and 18
employees/teachers. A minimum of 32 parking stalls shall be dedicated for the use of the
school, including 6 parking stalls in the underground parking garage. All parking shall comply
with the Revised Parking Management Plan dated October, 2014.
17.Dehesa Charter School shall comply with the following recommendations of the Pick-
Up/Drop-Off Assessment prepared by Linscott, Law & Greenspan (February 24, 2015):
a.Pick-up and drop-off operations shall be strictly monitored and enforced to ensure
that vehicular circulation or parking on Embarcadero Lane is not impeded. Parents
who arrive early shall be instructed to return during the designated pick-up time
assigned for their child’s classroom, as needed. In addition, monitors shall ensure
than loading vehicles do not block residential parking spaces or the adjacent
driveway, south of the school (i.e., midway through Embarcadero Lane.) Should issues
arise, such as congestion or inefficient loading, the Applicant shall further stagger the
start or dismissal times above what is currently proposed and/or provide additional
flexibility, to the satisfaction of the City Planner and Traffic Engineer;
b.The staggered start/dismissal times and flexible pick-up and drop-off times shall be
implemented as follows:
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TYPICAL WEEKLY SCHEDULE FOR MY ELEMENT MONTESSORI
(AGES 3-5, 24 STUDENTS/CLASSROOM, TOTAL OF 72 STUDENTS)
CLASSROOM 1(A)
Half Day Program
CLASSROOM 1(B)
Half Day Program CLASSROOM 2
CLASSROOM 3
Extended Day
Program
Drop-Off 8:00 - 8:15 am 1:00 - 1:15 pm 7:45 - 8:30 am 7:15 - 8:45 am
Pick-Up 11:15 - 11:30 am 4:15 - 4:30 pm 2:45 - 3:00 pm 4:30 - 6:00 pm
TYPICAL WEEKLY SCHEDULE FOR COMMUNITY MONTESSORI
(AGES 5-12, 32 STUDENTS/CLASSROOM, TOTAL OF 96 STUDENTS)
CLASSROOM 1 CLASSROOM 2
CLASSROOM 3
Extended Day
Program
Drop-Off 8:30 - 8:45 am 8:45 - 9:00 am 7:30 - 9:00 am
Pick-Up 3:00 - 3:15 pm 3:15 - 3:30 pm 4:30 - 6:00 pm
c.The loading circulation plan (i.e., access Embarcadero Lane from the south and depart
from the north) shall be enforced to prevent loading vehicles from utilizing parking on
the west side of Embarcadero Lane and to prevent children and students from
crossing Embarcadero Lane; and
d.The use of public transit by the appropriate age groups should be encouraged,
whenever possible.
18.Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. 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.
19.The Final Landscape and Irrigation Plans shall be approved prior to occupancy clearance. The
first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans. All improvements shown on the Final Landscape and
Irrigation Plans shall be installed prior to occupancy.
20.All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
21.No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
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22.If exterior night lighting is incorporated into the playground area, the Developer shall submit
and obtain City Planner approval of an exterior lighting plan. All lighting shall be designed to
reflect downward and avoid any impacts on adjacent homes or property.
23.A status report shall be prepared and presented to the Planning Commission at a public
hearing two years from project approval. The Planning Commission will consider at the public
hearing when or if additional status reports shall occur.
24.The normal business hours of school activity shall be 7:00 a.m. to 6:00 p.m. Monday – Friday.
Special events that are normally associated with schools such as workshops, parents’ night,
fund raisers, etc., are allowed outside of normal business hours as long as these events do not
create any significant negative impacts to surrounding properties. The use of the school for
special events shall be limited to the developer/operator.
25.Loud outdoor school bells or whistles which are disruptive to surrounding properties shall not
be allowed.
26.Music classes shall not be allowed unless sufficient sound attenuation measures are provided
within the building to ensure that residents directly above are not impacted by noise.
27.The outdoor play area shall not be subleased or rented to any other groups or entities.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building permit.
General
28.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.
29. 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 permit issuance and will
continue to be available until time of occupancy.
30.Owners of the school shall manage traffic flows so as to prevent vehicles from queuing onto
Avenida Encinas during drop-off and pick-up of students. If at any time the City Planner or
Traffic Engineer determines that traffic generated by the school is impacting the public safety,
health and welfare, the owner, upon notification and direction from the City Planner or Traffic
Engineer, shall implement the necessary modifications to traffic operations.
Stormwater
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
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maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
32. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
Dedications/Improvements
33.Subject to the Engineering Manager’s approval, Developer shall determine if the existing one-
inch diameter potable water service fronting the school is adequately sized to meet the
school’s flow and volume demand. Developer shall also determine, subject to the Engineering
Manager’s approval, the appropriate water meter size. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city’s general utility and access easement.
Utilities
34. 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 considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
36.Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
37.Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
38.Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 22 as required by Carlsbad Municipal Code Section 21.90.050.
39.Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
40.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.
PC RESO NO. 7092 -10-
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41.The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
42.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
43.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 City Planner prior to
installation of such signs.
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 April 1, 2015 by the following vote, to wit:
AYES: Chairperson Scully, Commissioners Anderson, Black and Segall
NOES:
ABSENT: Commissioners L'Heureux, Montgomery and Siekmann
ABSTAIN:
IA SCULLY, Chairperson
AD PLANNING COMMISSION
ATTEST:
QL~
DON NEU
City Planner
PC RESO NO. 7092 -11-
AVENIDA ENCINAS
S EAWA RD AVLANAKAI
LNBAY LNEMBARCADERO LNCUP 14-04
Dehesa Charter School
SITE MAPEL CAM REALC A R LSB AD VILL AGE DR
CARLSBA
D BLL A COSTA AV
PALOM AR AIRP ORT R D
MELR
OSE
DRAVIARA PY
RAN CHO S AN TA FE RDCOLL
EGE BLEL CAMI
NO REALSITE
ATTACHMENT 3
NOT TO SCALE
ATTACHMENT 4.,
MEMORANDUM
To:
From:
Mr. Doug Miller '
Element Education, Inc.
1441 Montiel Road, Suite 143
Escondido, CA 92026
Walter Musial, P.E.
LLG, Engineers
Subject Element Education Monitoring (CUP 14-04)
INTRODUCTION
Date: 1/18/2019
LLG Ref: 3-18-2982
Linscott, Law & Greenspan Engineers (LLG) has prepared the following monitoring
study for the Element Education School. The loading operations were monitored to
ensure compliance with the property's Conditional Use Permit (CUP) 14-04. The
CUP permits the operations of a pre-K through 12th grade school accommodating up
to 220 students and 18 staff members within the first floor of an existing mixed-use
development in the Bluwater Crossing Development.
The development is located at the southwest corner of A venida Encinias and
Embarcadero Lane. The illustration below depicts the study area.
The CUP outlines the following traffic related requirements:
17a. Pickup and drop off operations shall be strictly monitored and enforced to
ensure that vehicular circulation on Embarcadero Lane is not impeded. Parents
who arrive early shall be instructed to return during the designated pickup time
assigned for their child's classroom, as needed. In addition, monitors shall
ensure that loading vehicles do not block residential parking spaces or the
adjacent driveway, south of the school (i.e., midway through Embarcadero
Lane).
N:\29S2\Text\2982.Memo.docx
LINSCOTT
LAW &
GREENSPAN
engineers
Engineers & Planners
Traffic
Transportation
Parking
Linscott, Law &
Greenspan, Engineers
4542 Ruffner Street
Suite 100
San Diego, CA 92111
858.300.8800 T
858.300.8810 F
www.llgengineers.com
Pasadena
Irvine
San Diego
Woodland Hills
Mr. Doug Miller
January 18, 2019
Page 2
17c. The loading circulation plan (i.e., access Embarcadero Lane from the south and
depart to the north) shall be enforced to prevent loading vehicles from utilizing
parking on the west side of Embarcadero Lane and to prevent children and
students from crossing Embarcadero Lane.
17d. Public Transit by the appropriate age groups should be encouraged whenever
possible.
30. Owners of the school shall manage traffic flows so as to prevent vehicles from
queuing onto A venida Encinas during drop-off and pick-up of students.
OBSERVATIONS
Observations were conducted on Wednesday September 26, 2018 between 8:00 AM
and 9:30 AM during the peak "drop-off' time period and between 1:45 PM and 3:15
PM during the peak "pick-up" time period.
During the AM drop-off time period, vehicle circulation on Embarcadero Lane was not
impeded. Vehicle loading along Embarcadero Lane did not prevent residents from
parking in their respective spaces south of the school. The loading queue did not back
up onto A venida Encinas.
However, the circulation plan (access Embarcadero Lane from the south and depart to
the north) was not adhered to by all of the loading vehicles. Some drivers were observed
using the traffic circle on the north end of Embarcadero Lane to turn around after
dropping off students to depart to the south. In addition, some vehicles were observed
entering at the north end of Embarcadero Lane and executing a three-point turn at the
adjacent residential driveway to get into the drop-off queue.
During the PM pick-up time period, vehicle circulation on Embarcadero Lane was not
impeded. Vehicle loading along Embarcadero Lane did not prevent residents from
parking in their respective spaces south of the school. The loading queue did not back
up onto A venida Encinas.
Similarly, the circulation plan was not adhered to by all of the loading vehicles. Some
drivers were observed using the traffic circle on the north end of Embarcadero Lane to
turn around after picking up students to depart to the south. In addition, some vehicles
were observed entering at the north end of Embarcadero Lane and executing a three-
point turn at the adjacent residential driveway to get into the pick-up queue. Drivers
were also observed parking in the retail parking lot just west of the school and walking
through the retail center or in the spaces just north of the school to pick-up students.
In discussions with the school, public transit ridership is encouraged, but additional
effort can be made.
N:\2982\Text\2982.Memo.docx
Mr. Doug Miller
January 18, 2019
• Page 3
KEY FINDINGS
Conditions 17a and 30 of the CUP are met. No vehicles were observed to queue up to
the point of blocking the residential driveway just south of the school on Embarcadero
Lane. Furthermore, neither the vehicle drop-off or pick-up queue was observed to back
up onto A venida Encinas.
Condition 17c of the CUP, vehicles adhering to the loading circulation plan (accessing
Embarcadero Lane from the south and departing to the north), is not being followed by
all vehicles.
Condition 17c of the CUP, public transit by the appropriate age groups, should continue
to be encouraged whenever possible.
RECOMMENDATIONS
The following recommendations will ensure CUP compliance.
• Reminders and reeducation of the mandated loading circulation plan on
Embarcadero Lane should be provided to parents. In addition, as depicted in the
figure below, the placement of temporary cones would prevent full use of the
traffic circle to prevent vehicles from making a U-turn. School staff/ volunteers
should also closely monitor driver behavior and report any issues.
• Conduct a bi-annual public transit ridership awareness program to help
encourage a shift from auto use.
cc: File
N:\2982\Text\2982.Memo.docx
LINSCOTT
LAW &
GREENSPAN
engineers