HomeMy WebLinkAbout2021-06-02; Planning Commission; ; AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY
Item No.
Application complete date: Mar 31, 2021
P.C. AGENDA OF: June 2, 2021 Project Planner: Cliff Jones
Project Engineer: David Rick
SUBJECT: AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY – Request for the approval of a
third amendment to Conditional Use Permit CUP 01-12 to allow two additional staff
members and half-time students, and to approve a time extension retroactively to
Conditional Use Permit CUP 01-12 without an expiration date, for the educational
institution located at 3016 Highland Drive in Local Facilities Management Zone 1. The City
Planner has determined that the project site belongs to a class of projects that the State
Secretary of Resources has found do not have significant impact on the environment, and
it is therefore categorically exempt pursuant to Section 15301 – Existing Facilities – of the
state California Environmental Quality Act (CEQA) and the City of Carlsbad Municipal Code
Section 19.04.070(A)(1)(b).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7416 APPROVING a time
extension retroactively and third amendment of Conditional Use Permit CUP 01-12 based upon the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Setting
The 0.7-acre site at 3016 Highland Drive consists of a circular driveway with 12 parking stalls accessed off
Highland Drive, a 3,491 square foot building used for classrooms, and approximately 10,000 square feet
of outdoor yard area. Conditional Use Permit CUP 01-12 allows an educational institution for 49 school
aged children from three years old to sixth grade.
Table “A” below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan
Designation Zoning Current Land Use
Site R-4 (Residential, 0-
4 du/ac)
R-1-10,000 (One-Family
Residential, 10,000-square foot
minimum lot size)
Educational Institution
North R-4 R-1-10,000 Single-Family Residential
South R-4 R-1-10,000 Single-Family Residential
East R-4 R-1-10,000 Single-Family Residential
West R-4 R-1-10,000 Single-Family Residential
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Background
In Mar. 2003, Conditional Use Permit CUP 01-12 was approved for an educational institution (grades 1-6)
with a 36-student maximum and an expiration date of Mar. 3, 2008 (five-year approval). In Dec. 2007, the
first Conditional Use Permit extension (CUP 01-12x1) was approved by the Planning Commission with an
expiration date of Mar. 3, 2013 (five-year approval). In Mar. 2013, the Planning Commission approved the
first amendment (CUP 01-12x1(A)) to increase the number of students from 36 to 49, and to approve CUP
01-12 with no expiration date. In Aug. 2015, the Planning Commission approved a second amendment
(CUP 01-12x1(B)) to allow children three years old through sixth grade but added an expiration date of
Aug. 4, 2020. The application for the subject time extension was timely filed on Jul. 31, 2020 prior to the CUP expiration date and the CUP amendment was filed on Oct. 30, 2020. The application was deemed
complete on Mar. 31, 2021 after the conclusion of the required enhanced stakeholder public outreach
and the project resubmittal on Mar. 1, 2021. The enhanced stakeholder public outreach is summarized
below and provided as Attachment 6. The prior amendments to Conditional Use Permit CUP 01-12 (CUP
01-12x1(A) and CUP 01-12x1(B)) are provided as Attachments 4 and 5 respectively.
Project Description
The applicant, Hannah Lot-Schwartz, owner of Homeroom LLC, is requesting an extension of the
Conditional Use Permit CUP 01-12 to continue operations of an educational institution at 3016 Highland
Drive. Homeroom LLC is the new tenant at 3016 Highland Drive where Casa Montessori De Vista School
previously operated under Conditional Use Permit CUP 01-12. The applicant is also requesting a third
amendment to Conditional Use Permit CUP 01-12 to allow modifications to the approved operating
conditions as described below.
Since the educational use was last considered by the Planning Commission in Aug. 2015, the applicant is
requesting: 1) two additional staff persons to allow seamless supervision of students (including
supervision of students between the school facility and drop-off/pick-up location) and to further the
child’s learning; and 2) half-time student schedules to offer greater flexibility for families and their child’s
learning. No physical changes or tenant improvements are proposed to the existing school to
accommodate the half-time students and the two additional staff members. Staff is recommending that
Conditional Use Permit CUP 01-12 be approved without an expiration date as the use has operated at the
site since 2003 without substantial detrimental impacts on the surrounding land uses. The following
changes to the original conditions of approval reflect the proposed request, are provided below in
underline/strikeout format, and provided in the attached resolution:
Condition # 5 of CUP 01-12x1(A):
“The following schedule shall be utilized for arrival and departure (start/dismissal) times of the
school:
Full-time Students
Track I – 8:30 AM / 3:00 PM
Track II – 8:50 AM / 3:20 PM
Track III - 9:10 AM / 3:40 PM
Half-time Students
Track I – 8:30 AM / 12:30PM
Track II – 8:50 AM / 12:50 PM
Track III - 9:10 AM / 1:10 PM
AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY
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Each track may contain a maximum of 17 students, who will be assisted from their transportation
vehicles to the school facility by school staff personnel. Minor modifications to this schedule may
be approved administratively by the City Planner.
Extended day hours for before and after school child day care are not subject to the school arrival
and departure schedule.”
Condition # 4 of CUP 01-12x1(B):
“A maximum of forty-nine (49) children from ages three to grade six and a maximum staff level of
four (4) six (6) person shall be permitted at the private school.”
Condition # 5 of CUP 01-12x1(B):
“This Conditional Use Permit Amendment is granted without an expiration date for a period of
five (5) years from August 5, 2015 through August 4, 2020. 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...”
Neighborhood Input
When the educational institution was originally considered in 2003, initial operational concerns from the
neighborhood were focused on drop-off and pick-up at the site during the day. Since 2003, staff has
periodically observed the traffic patterns of the use (when the school first started operating in 2003, again
in 2012 with the first amendment, and again in 2015 with the second amendment) and concluded
educational institution operations at the site do not have a significant adverse impact on traffic or the
street system. Staff does not believe the proposed project will have a significant adverse impact on traffic
or the street system as the proposed number of students will not increase, students will be assisted from
their transportation vehicles to the school facility by school staff personnel to ensure continued traffic
flow, and the Average Daily Trips (ADT) generated by the project is 78.4 ADT, which is presumed to have
a less than significant transportation impact and does not warrant a detailed Vehicle Miles Traveled (VMT)
analysis.
With the submittal of the proposed application, the applicant was required to send a notice of project
application (mailed Jan 15, 2021), and post a project notice on the site (posted Jan 22, 2021) per City
Council Policy No. 84. The applicant was also required to conduct enhanced stakeholder public outreach.
Due to COVID-19, the applicant was unable to have an in-person meeting to solicit feedback. Therefore,
the applicant’s team mailed a public notice to surrounding neighbors & residents of this project (mailed
on Jan 22, 2021). 109 letters were mailed, and two emailed responses were received back from interested
parties. The public concerns included a dislike for the originally contemplated Saturday operations,
concerns about parking, concerns about safety for children (due to speeding on the adjacent street;
Carlsbad Village Drive), and a request that the project provide curb, gutter, and sidewalk on Highland
Drive. The emails and applicant responses are provided within the attached Enhanced Stakeholder
Outreach Report (Attachment 6). Due to neighborhood concerns, the applicant has withdrawn their
original request for Saturday operations. Staff does not believe the project will create any adverse impacts
on traffic or the street system for the reasons stated above. Lastly, staff has concluded that the
AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY
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amendment and time extension do not warrant the applicant to install curb, gutter, and sidewalk on
Highland Drive.
III. ANALYSIS
The project is subject to the following regulations and requirements:
A. R-4 Residential General Plan Land Use Designation;
B. One Family Residential (R-1-10,000) Zone (C.M.C. Chapter 21.10);
C. Parking Ordinance (C.M.C. Chapter 21.44);
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
E. Growth Management (C.M.C. Chapter 21.90) and Local Facilities Management Plan Zone 1.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail in the sections below.
A. R-4 Residential General Plan Land Use Designation
The project involves minor operational modifications to an existing educational institution site which has
previously been determined to be in compliance with the General Plan. The proposed third amendment
to Conditional Use Permit CUP 01-12 will not require a change to the General Plan, nor will it cause the
existing facility to no longer be consistent with the General Plan. The General Plan Land Use designation
for the property is R-4 Residential. Table “B” identifies General Plan goals and policies applicable to the
project and describes how it complies with those goals and policies.
TABLE B – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES AND
IMPROVEMENTS
COMPLIANCE
Land Use and
Community
Design
Goal 2-G.2
Promote a diversity of
compatible land uses
throughout the city,
to enable people to live close
to job locations, adequate and
convenient
commercial services, and
public support systems such as
transit, parks, schools, and
utilities.
Goal 2-G.12
Ensure adequate provision of
community-serving facilities
such as child daycare facilities,
places of worship, educational
institutions and schools.
The educational institution is
located within an existing building
that previously operated as an
educational institution. The limited
hours for drop-off and pick-up are
similar to the previous operations
at the site, which will ensure
compatibility with surrounding
land uses. The continuation of an
educational institution at the site
will promote diversity of uses that
are adjacent to jobs, transit, and
residents. In addition, the
educational institution will ensure
the provision of enhancing the
community-serving uses by
providing different options in
educational institutions to fit the
needs of residents within the
community and regional area.
Yes
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B. One Family Residential (R-1-10,000) Zone (C.M.C. Chapter 21.10)
The property is zoned One Family Residential (R-1-10,000). Educational institutions, both public and
private, are conditionally permitted in the zone upon approval of a Conditional Use Permit by the Planning
Commission. A summary of the Conditional Use Permit findings is provided in Section D below. No
additions or exterior modifications to the building are proposed. As such, the project is consistent with
the provisions contained within the R-1-10,000 Zone.
C. Parking Ordinance (C.M.C. Chapter 21.44)
Pursuant to Chapter 21.44 of the CMC, the parking requirement for an elementary school facility is 1 space
per employee with adequate student loading and unloading areas. The applicant has stated that the
school has 6 employees on a daily basis. The school has 12 parking stalls located along and within the
circular entrance driveway and sufficient space for student loading and unloading. The provision of 12
parking stalls is adequate for the use and is consistent with the CMC Parking Ordinance, Chapter 21.44
and exceeds the minimum parking requirement by six parking spaces.
D. Conditional Use Permit Regulations (CMC Chapter 21.42)
Educational institutions are permitted in the One Family Residential (R-1-10,000) zone subject to the
approval of a Conditional Use Permit. The purpose of the Conditional Use Permit is to allow special
consideration for certain uses to be located in zones other than those in which they are classified as
permitted to assure compatibility within the zone and its surroundings because of their particular
characteristics. The privileges and conditions of a Conditional Use Permit are a covenant that runs with
the land, and, in addition to binding the permittee, bind each successor in interest. Chapter 21.42 of the
Carlsbad Municipal Code requires that four findings be made in order to approve a Conditional Use Permit
and subsequent amendments. All of the required findings can be made as discussed below.
1. That the requested use is necessary or desirable for the development of the community and is in
harmony with the various elements and objectives of the General Plan, including the Specific Plan in
that the proposed educational institution is located within the Residential (R-4) General Plan Land
Use designation which allows for educational institutions and an educational institution has
operated at the site since 2003. In addition, the proposed project is consistent with the goals of the
Land Use element of the General Plan because the educational institution will promote a diversity
of compatible land uses that enable residents to live close to a variety of public support systems.
The format of the educational institution operations requires students to arrive and depart at
staggered times throughout the day and a condition of approval limiting the maximum number of
students to 49 at any given time ensures the school’s presence within the neighborhood will be
discreet and allows for compatibility in the diversity of land uses. Furthermore, the project will
ensure adequate provision of community-service facilities for residents and people in the regional
area.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone
in which the proposed use is to be located in that the educational institution is compatible with the
existing surrounding residential, office and governmental uses in the area as evidenced by staff’s
assessment that traffic operations are not disruptive to the adjacent street system and no other
issues regarding the school operation have been raised. The proposal to add additional pick-up
times and two additional staff members will not change any significant operational function that
AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY
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would disrupt the existing harmony with surrounding land uses. The site has been designed to
accommodate all activities associated with the proposed student enrollment.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, Planning Commission
or City Council, in order to integrate the use with other uses in the neighborhood in that the
educational institution meets or exceeds all of the R-1 development standards and complies with
the onsite parking and circulation demands for an educational institution. Since the capacity of the
student enrollment will not be changed, the project will continue to meet this finding.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the site has access from Highland Drive, a local collector street, which is
currently operating at an acceptable level of service. The proposal to add additional pick-up times
will have no impact on the levels of service (LOS) of the existing roadway. The project will not have
a significant adverse impact on traffic or the street system as the proposed number of students will
not increase, students will be assisted from their transportation vehicles to the school facility by
school staff personnel to ensure continued traffic flow, and the Average Daily Trips (ADT) generated
by the project is 78.4 ADT, which is presumed to have a less than significant transportation impact
and does not warrant a detailed Vehicle Miles Traveled (VMT) analysis.
E. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 1
The proposed project is located within Local Facilities Management Zone 1 in the Northwest 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 C below.
TABLE C – GROWTH MANAGEMENT COMPLIANCE
Standard Impacts Compliance
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 1 EDU Yes
Parks N/A N/A
Drainage Basin A Yes
Circulation 78.4 ADT Yes
Fire Station No. 1 Yes
Open Space N/A N/A
Schools N/A N/A
Sewer Collection System 1 EDU Yes
Water 803 GPD Yes
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the project belongs to a class of projects that the State Secretary of
Resources has found do not have a significant impact on the environment; therefore, the project is
categorically exempt from the requirement for the preparation of an environmental document pursuant
to CEQA Guidelines Section 15301(a) – Existing Facilities for interior modifications involving negligible or
no expansion of an existing structure and the City of Carlsbad Municipal Code Section 19.04.070(A)(1)(b).
A Notice of Exemption will be filed by the City Planner upon project approval.
AMEND 2020-0015 (DEV01052) – HIGHLAND ACADEMY
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ATTACHMENTS:
1. Planning Commission Resolution No. 7416
2. Location Map
3. Disclosure Statement
4. CUP 01-12x1(A); Planning Commission Resolution No. 6975, dated May 15, 2013
5. CUP 01-12x1(B); Planning Commission Resolution No. 7109, dated August 5, 2015
6. Enhanced Stakeholder Outreach Report
7. Approved Site Plan
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO
INCREASE THE MAXIMUM STUDENT CAPACITY FROM 36
TO 49 AND TO APPROVE THE PROJECT WITH NO
EXPIRATION DATE FOR THE MONTESSORI ARTS AND
SCIENCES SCHOOL ON PROPERTY GENERALLY LOCATED
AT 3016 HIGHLAND DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: MONTESSORI ARTS AND SCIENCES
SCHOOL
CASE NO.: CUP 01-12X1(A)
WHEREAS, Janaan Taylor, “Owner,” has filed a verified application with the
City of Carlsbad regarding property described as
That portion of Lot twenty-one of Patterson’s addition to town
of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 565, filed in
the Office of the County Recorder of San Diego county,
September 22, 1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A-D” dated October 2, 2002, on file in the Planning
Division, CUP 01-12X1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL, as
provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 15, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Amendment; and
WHEREAS, on March 4, 2003, the City Council approved CUP 01-12, as
described and conditioned in City Council Resolution No. 2003-056.
PLANNING COMMISSION RESOLUTION NO. 6975
ATTACHMENT 4
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WHEREAS, on December 19, 2007, the Planning Commission approved CUP
01-12X1, as described and conditioned in Planning Commission Resolution No. 6366.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)That the foregoing recitations are true and correct.
B)That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 01-12X1(A) – MONTESSORI ARTS AND SCIENCES
SCHOOL, based on the following findings and subject to the following
conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that
schools are encouraged by the General Plan Land Use Element (Implementing
Policy and Action Program C.8) and permitted by Conditional Use Permit in the R-
1 zone in the city for the convenience of residents. The City’s General Plan
recognizes the need for this type of use and the existing Montessori Arts and
Sciences School is consistent with the General Plan regarding the availability ofcommunity facility uses for the residents of Carlsbad. Both public and private
schools are necessary and desirable for the development of the community and the
increase in student capacity will continue to allow for this finding to be made.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the existing Montessori
Arts and Sciences School is compatible with the existing surrounding residential,
office and governmental uses in the area as evidenced by staff’s assessment that
traffic operations are not disruptive to the adjacent street system and no other issues
regarding the school operation have been raised. The proposal to add 13 students to
the school capacity will not change any significant operational function that woulddisrupt the existing harmony with surrounding land uses. The site has been
designed to accommodate all activities associated with the existing and proposed
student enrollment. Staff observed the traffic patterns when the school first started
operating and recently again in response to the amendment request. Staff’s
conclusion is that the school related traffic does not have a significant adverse
impact on the street system. the existing 12 parking stalls are more than adequate toaccommodate the requested maximum elementary school student capacity of 49 and
the existing four (4) school staff members.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
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Planning Director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the Montessori Arts and Sciences School meets
or exceeds all of the R-1 development standards, and complies with the onsite parking and circulation demands for a school. Since the existing school facility has
the capacity to accommodate the additional 13 students, the increase in student
capacity will continue to allow for this finding to be made.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site has access from Highland Drive, a local
collector street, which is currently operating at an acceptable level of service. The
addition of 13 students to the school capacity will have no impact on the levels of
service (LOS) of the existing roadway.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. All conditions of approval imposed upon Conditional Use Permit CUP 01-12 as
stated in City Council Resolution No. 2003-056 shall apply as conditions of approval
for CUP 01-12X1(A) and are incorporated by this reference, except Condition No.
18 is replaced by Condition No. 4; Condition No. 19 is replaced by Condition No. 5; and Condition No. 24 is replaced by Condition No. 6.
4. A maximum of forty-nine (49) children in grades 1-6 and a maximum staff level of
four (4) persons shall be permitted at the private school.
5. The following schedule shall be utilized for arrival and departure (start/dismissal)
times of the school:
Track I – 8:30 AM / 3:00 PM Track II – 8:50 AM / 3:20 PM
Track III - 9:l0 AM / 3:40 PM
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Each track may contain a maximum of 17 students, who will be assisted from their
transportation vehicles to the school facility by school staff personnel. Minor
modifications to this schedule may be approved administratively by the City
Planner.
Extended day hours for before and after school child day care are not subject to the
school arrival and departure schedule.
6. This Conditional Use Permit is granted without an expiration date. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 15, 2013 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Schumacher, Scully and Segall
Commissioner Anderson
'~Ks~,~ KERRY. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT TO BROADEN THE STUDENT ACCOMMODATIONS FROM
GRADES ONE THROUGH SIX TO THREE YEARS OLD TO SIXTH GRADE FOR
THE MONTESSORI ARTS AND SCIENCES SCHOOL ON PROPERTY GENERALLY
LOCATED AT 3016 HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1
CASE NAME: LePORT SCHOOLS
CASE NO.: CUP 01-12x1(B)
WHEREAS, LePort Schools, “Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
That portion of Lot twenty-one of Patterson’s addition to town of
Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 565, filed in the Office of the
County Recorder of San Diego county, September 22, 1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Amendment as shown on Exhibits “A” – “D” dated October 2, 2002, on file in the Planning Division CUP
01-12x1(A), as provided by the conditions of approval of CUP 01-12x1(A) and Chapter 21.42 and/or 21.50
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 5, 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 amendment; and
WHEREAS, on March 4, 2003, the City Council approved CUP 01-12, as described and
conditioned in City Council Resolution No. 2003-056; and
WHEREAS, on December 9, 2007, the Planning Commission approved CUP 01-12X1, as
described and conditioned in Planning Commission Resolution No. 6366; and
WHEREAS, on May 5, 2013, the Planning Commission approved CUP 01-12x1(A), as
described and conditioned in Planning Commission Resolution No. 6975.
PLANNING COMMISSION RESOLUTION NO. 7109
ATTACHMENT 5
PC RESO NO. 7109 -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
CUP 01-12x1(B) – LePORT SCHOOLS, based on the following findings and subject to the
following conditions:
Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
1.That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that schools are encouraged by
the General Plan Land Use Element (Implementing Policy and Action Program C.8) and
permitted by Conditional Use Permit in the R-1 zone in the city for the convenience of residents.
The City’s General Plan recognizes the need for this type of use and the existing Montessori Arts
and Sciences School is consistent with the General Plan regarding the availability of community
facility uses for the residents of Carlsbad. Both public and private schools are necessary and
desirable for the development of the community and the increase in student age groups and
grades will continue to allow for this finding to be made.
2.That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the existing Montessori Arts and Sciences
School is compatible with the existing surrounding residential, office and governmental uses in
the area as evidenced by staff’s assessment that traffic operations are not disruptive to the
adjacent street system and no other issues regarding the school operation have been raised.
The proposal to broaden the age groups will not change any significant operational function
that would disrupt the existing harmony with surrounding land uses. The site has been
designed to accommodate all activities associated with the existing and proposed student
enrollment.
3.That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the Montessori Arts and Sciences School meets or exceeds all of the R-1 development
standards, and complies with the onsite parking and circulation demands for a school. Since the
capacity of the student enrollment will not be changed, the increase in student age groups will
continue to allow for this finding to be made.
4.That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site has access from Highland Drive, a local collector
street, which is currently operating at an acceptable level of service. The broadening of student
accommodations from grades one through six to three years old to sixth grade will have no
impact on the levels of service (LOS) of the existing roadway.
PC RESO NO. 7109 -3-
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5. 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 15061(b)(3) – general rule of CEQA applying only to projects which
have the potential for causing a significant effect on the environment. 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.
6. 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:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City’s approval of this Conditional Use Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit Amendment documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. All conditions of approval imposed upon Conditional Use Permit CUP 01-12x1(A) as stated in
Planning Commission Resolution No. 6975 shall apply as conditions of approval for CUP 01-
12x1(B) and are incorporated by this reference, except Condition No. 4 is replaced by Condition
No. 4.
4. A maximum of forty-nine (49) children from ages three to grade six and a maximum staff level
of four (4) person shall be permitted at the private school.
5. This Conditional Use Permit Amendment is granted for a period of five (5) years from August 5,
2015 through August 4, 2020. 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.
3152 LIONSHEAD AVENUE * CARLSBAD, CA 92010 * (760) 692-4100 1
HOFMAN PLANNING ASSOCIATES
ENHANCED STAKEHOLDER OUTREACH REPORT
February 9th, 2021
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
ATTN: Cliff Jones
SUBJECT: Project Outreach Report for Casa Montessori De Vista School- 3016 Highland Drive- Project
No. AMEND 2020-0015 (DEV010523)
Hofman Planning Associates conducted an Enhanced Stakeholder Outreach Program for Casa
Montessori De Vista School (AMEND 2020-0015 (DEV010523)) in conformance with Carlsbad Policy No.
84, Development Project Public Involvement Policy. The outreach program included the following:
A Community Outreach was initiated by providing mailers out to the surrounding neighbors & residents
of this project, mailed on January 22nd, 2020. After mailing out 109 letters, we received two emailed
responses back from two parties. The questions received are outlined below and will be provided as
attachments to this document for easy reference.
Questions & Comments Received via Email Pertaining to the Mailed Notices
1.I support the project and live nearby. I suggest a requirement that all employees park on
site, as this project has no street parking in front and is in a residential neighborhood.
Answer: City code states all required parking must be on-site.
2.The previous permit required a 10' sound wall. The lack of that resulted in noise from thechildren that was much louder than it should have been and was unacceptable. The wallshould be raised to its full required height of 10'.Answer: We are unaware of any condition requiring a 10 ft sound wall, this will have tobe investigated thoroughly.
3.The extended hours will conflict with rush hour peaks and cause traffic hazards close toa major road, Carlsbad Village Dr. They also extend the noise factor as well, that isalready unacceptable.
4.Answer: A three track staggered arrival and departure schedule has been implementedto alleviate the noise impact. The noise impact will be further evaluated by the Citythroughout their review process
5.It is not fair that I would have to deal with the noise and traffic from the school on
Saturdays as well as on weekdays.
Answer: As mentioned prior, implementing a three-track staggered arrival- departure will
prevent significant ongoing noise levels
6.Curb, gutter, and sidewalk should be required for Highland Dr.
ATTACHMENT 6
3152 LIONSHEAD AVENUE * CARLSBAD, CA 92010 * (760) 692-4100 2
HOFMAN PLANNING ASSOCIATES
Answer: This will be determined by City staff during the review process
6.There does not seem to be enough parking for the staff.
Answer: The project will comply with all parking standards as set forth by the City during
the CUP process.
7.There is an excessive amount of speeding on Carlsbad Village Dr., adding to the danger at thisintersection for the families.Answer: The school will implement measures to ensure the safety of their kids.
This concludes the Enhanced Stakeholder Outreach Program for our project. If you have any questions or
need additional information, please do not hesitate to contact us at the contact information below.
Sincerely,
Adam Kooienga
Senior Planner
3152 Lionshead Ave.
Carlsbad, CA 92010
(760) 692-4019
akooienga@hofmanplanning.com
Exhibits: 1.Stakeholders Database
2.Public Outreach Mailer Notice
3.Email Responses
HOFMAN PLANNING AND ASSOCIATES 1
HOFMAN PLANNING ASSOCIATES
ENHANCED STAKEHOLDER OUTREACH NOTICE
To: NEIGHBORS AND INTERESTED STAKEHOLDERS
From: HOFMAN PLANNING ASSOCIATES
Date: JANUARY 22ND , 2021
Re: AN INFORMATIONAL NOTICE AND ENDEAVOR FOR PUBLIC RESPONSE ON UPDATING AN EXISTING CUP
PERTAINING TO CASA MONTESSORI DE VISTA SCHOOL LOCATED AT 3016 HIGHLAND DRIVE, CARLSBAD
Dear Neighbors and Interested Stakeholders,
Hofman Planning Associates is working with Homeroom LLC on behalf of Casa Montessori De Vista School to
strongly encourage any concerned party or person(s) to reach out with any questions, comments or concerns
pertaining to a Conditional Use Permit amendment made by the applicant (Homeroom LLC).
The currently existing CUP includes a school that serves ages 3- Grade 6 with before- and after- school
programming with a maximum capacity of 49 students. The school welcomes both full-time and half-time
students according to a three- track arrival and departure schedule with a maximum number set on students
arriving and departing at a given time.
This letter is intended to encourage the community and any concerned person(s) to reach out to Hofman
Planning Associates regarding any comments, questions, concerns you may have for this project. Homeroom
LLC submitted a CUP amendment application to the City of Carlsbad for an amendment to the currently
existing Conditional Use Permit in affect for Casa Montessori De Vista School on October 29th, 2020 (AMEND
2020-0015 (DEV010523)). The proposed changes the school has applied for includes two minor changes to the
existing CUP, which is the addition of a midday pick-up for half time students and the addition of a
reservation-based programming on Saturdays.
The project is currently under review by the City of Carlsbad and will be subject to the review by the City
planner who will approve, deny or modify the project. As an affected neighbor or interested stake holder, you
will be notified by the City planner on his tentative decision and will be able to provide additional input at that
time.
To discuss this project in detail you can reach out to Adam Kooienga at Hofman Planning Associates at the
following email address: akooienga@hofmanplanning.com
HOFMAN PLANNING AND ASSOCIATES 2
Point of Contact:
Adam Kooienga, Hofman Planning Associates:
akooienga@hofmanplanning.com
THANK YOU AND WE LOOK FORWARD TO HEARING FROM YOU!
Fw: Casa Montessori
Adam Kooienga <akooienga@hofmanplanning.com>
Mon 1/25/2021 1:17 PM
To: Monica Friedl <mfriedl@hofmanplanning.com>Cc: Bill Hofman <bhofman@hofmanplanning.com>
Hey Monica,
This is the response I received for the school project. I've already responded to Gary, but I wanted you to have this so you can put it in a file
and we can track any comments.
Adam
Adam KooiengaSenior Planner
Hofman Planning & Engineering
3152 Lionshead Avenue
Carlsbad, CA 92010760.692.4019 Tel
616.301.4618 Cell
akooienga@hofmanplanning.com
From: Gary Nessim <garynessim@a .ne t>
Sent: Monday, January 25, 2021 6:49 AM
To: Adam Kooienga <akooienga@hofmanplanning.com>
Subject: Casa Montessori
Adam,
I support the project and live nearby.
I suggest a requirement that all employees park on site, as this project has no street parking in front and is in a residen al neighborhood.
Gary Nessim
FirstTeam Real Estate
500 Grand Avenue
Carlsbad, CA 92008760-519-5556
Fwd: AMEND 2020-0015 (DEV010523) CASA MONTESSORI DE VISTA
Adam Kooienga <akooienga@hofmanplanning.com>
Mon 2/1/2021 7:54 AM
To: Monica Friedl <mfriedl@hofmanplanning.com>Cc: Bill Hofman <bhofman@hofmanplanning.com>
Hey Monica,
Here’s another response to the notice for the school project.
Adam
Get Outlook for iOS
From: Harry Ekdahl <hekdahl@sbcglobal.net>
Sent: Friday, January 29, 2021 11:04:31 PM
To: Adam Kooienga <akooienga@hofmanplanning.com>
Subject: AMEND 2020-0015 (DEV010523) CASA MONTESSORI DE VISTA
I oppose the proposed application for the following reasons:1) The previous permit required a 10' sound wall. The lack of that resulted in noise from the children that was much louder than it should have been andwas unacceptable. The wall should be raised to its full required height of 10'
2) The extended hours will conflict with rush hour peaks and cause traffic hazards close to a major road, Carlsbad Village Dr. They also extend the noisefactor as well, that is already unacceptable.
3) It is not fair that I would have to deal with the noise and traffic from the school on Saturdays as well as on weekdays.
4) Curb, gutter, and sidewalk should be required for Highland Dr.
5) There doesn't seem to be enough parking for the staff.
6) There is a excessive amount of speeding on Carlsbad Village Dr., adding to the danger at this intersection for the families.
resp.,Harry Ekdahl, P.E.1630 James Dr.
Carlsbad, CA 92008
ATTCHMENT 7