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Home My WebLink About2013-05-15; Planning Commission; ; CUP 01-12X1A - MONTESSORI ARTS AND SCIENCES SCHOOLThe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item.No. 0 P.C. AGENDA OF: May 15, 2013 Application complete date: February 14, 2013 Project Planner: Westman Project Engineer: Rick SUBJECT: CUP 01-12X1{A) -MONTESSORI ARTS AND SCIENCES SCHOOL - Request for an amendment to Conditional Use Pennit CUP 01 -1 2Xl to increase the maximum munber of students allowed from 36 to 49 and to approve the project with no expiration date for the Montessori A.tts and Sciences School located at 3016 Highland Drive, Carlsbad CA in Local Facilities Management Zone 1. I. RECOMMENDATION That the Plam1ing Commission ADOPT Planning Commission Resolution No. 6975 APPROVING Conditional Use Pe1mit A.tnendment CUP 01-12Xl(A) based on the fmdings and subject to the conditions contained therein. II. INTRODUCTION A Conditional Use Pennit application was submitted to allow for the location of the Montessori Arts and Sciences School at the 3016 Highland Drive location in Febmaiy 2002. Prior to the first public hearing, the applicant made changes to the application including a reduction in the maximum munber of students from 45 to 36. After hearing public testimony and significant Planning Commission discussion, the Planning Commission denied the project in November 2002. The applicant appealed the Planning Commission's denial to the City Council. In March 2003 , the City Council ove1tumed the Planning Cormnission decision by a vote of 3-2 and approved The Montessori Arts and Sciences School (Casa Montessori De Vista School) with the reduced maximmn student munber of 36 proposed by the applicant and an expiration date of March 3, 2008. In December 2007, a Conditional Use Pem1it extension (CUP 01 -12Xl) was approved by the Planning Commission with an expiration date of March 3, 2013. The applicant submitted the application for an amendment and an extension to the CUP 01-12 on November 1, 2012, four months prior to the pennit expiration date. The applicant is requesting the approval of an increase in the maximum number of students from 36 to 49 and has also requested that the Conditional Use Pe1mit be approved without an expiration date. III. PROJECT DESCRIPTION AND BACKGROUND The Montessori A.tts and Sciences School is located at 3016 Highland Drive on the southeast comer of Carlsbad Village Drive and Highland Drive. N01th, south, east and west of the site are single family homes within an R-1 zoning designation and RLM General Plan land use designation. Further west along Carlsbad Village Drive are commercial office and municipal 0 CUP 01-12x1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL MAY 15, 2013 PAGE 2 uses within the Residential Professional (RP) zoning designation and Office and Government (O and G) General Plan land use designations. The Montessori Arts and Sciences School 0.7 acre campus consists of a circular driveway with 12 parking stalls accessed off of Highland Drive, a 3,491 square foot building used for classrooms, and approximately 10,000 square feet of outdoor yard area. The school currently accommodates 36 elementary school aged children in grades 1 through 6. The applicant is requesting the approval of an increase in the maximum number of students from 36 to 49 and has also requested that the Conditional Use Permit be approved without an expiration date. No physical changes or tenant improvements are proposed to the existing school to accommodate the 13 additional students. According to the applicant there is adequate existing classroom and outdoor recreation area to accommodate all 49 children. The school has been in operation since it was approved by the City Council in March 2003. Initial operational concerns were focused on traffic associated with drop off and pick up during the day. Staff observed the traffic patterns when the school first started operating and 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. As discussed below, the existing 12 parking stalls are more than adequate to accommodate the requested maximum elementary school student capacity of 49 and the existing four (4) school staff members. No increase in staff members is requested or required in conjunction with the 13 elementary school student increase. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Residential Low Medium (RLM) General Plan Land Use Designation; B. One Family Residential (R-1-10,000) Zone (C.M.C. Chapter 21.10); C. Parking Ordinance (C.M.C. Chapter 21.44); D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and E. Growth Management (C.M.C. Chapter 21.90) The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in the sections below. A. General Plan Compliance The project involves increasing the student capacity of an existing school facility which has previously been determined to be in compliance with the General Plan. The site has a General Plan Land Use designation of Residential Low Medium (RLM). Per the Carlsbad General Plan Land Use Element Implementing Policy and Action Program C.8, schools are encouraged to be available in close proximity to each resident of the City. Increasing student capacity will not require a change to the General Plan nor will it cause the existing facility to no longer be consistent with the General Plans. CUP 01-12x1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL MAY 15, 2013 PAGE 3 B. One Family (R-1-10,000) Zone (C.M.C. Chapter 21.10) The Montessori Arts and Sciences School property is zoned One Family Residential (R-1- 10,000). Schools, both public and private, are conditionally permitted in the zone upon approval of a Conditional Use Permit by the Planning Commission. Table 1 below indicates how the existing project complies with all applicable development standards of the R-1-10,000 Zone. The addition of 13 students to the school will not affect the project’s compliance with development standards. TABLE 1 – R-1-10,000 ZONE DEVELOPMENT STANDARDS C-L Standards Required Existing Height Limit 30 Feet 23 Feet Yards Front: 20 Feet Rear: 20 Feet Side: 10 Feet Front: 110 Feet Rear: 80 Feet Side: 10/30 Feet Lot Coverage 40% maximum Approx.: 14% C. Parking Ordinance (C.M.C. Chapter 21.44) Pursuant to Chapter 21.44 of the CMC, the parking requirement for an elementary school facility is 1 space per employee with adequate student loading and unloading areas. The applicant has stated that the school has 4 employees on a daily basis and will not require any additional employees to accommodate the 13 additional elementary aged students. The school has 12 parking stalls located along and within the circular entrance driveway and sufficient space for student loading and unloading. Therefore, even with the increase of 13 students, the provision of 12 parking stalls is adequate for the use and is consistent with the Carlsbad Municipal Code (CMC) Parking Ordinance, Chapter 21.44 and exceeds the minimum parking requirement. D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) School facilities are permitted in the One Family (R-1) Residential zone subject to the approval of a Conditional Use Permit. The purpose of the Conditional Use Permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted to assure compatibility within the zone and its surroundings because of their particular characteristics. The privileges and conditions of a Conditional Use Permit are a covenant that runs with the land, and, in addition to binding the permittee, bind each successor in interest. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a Conditional Use Permit and subsequent amendments. All of the required findings can be made as discussed below. 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that schools are encouraged by the General Plan Land Use Element (Implementing CUP 01-12x1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL MAY 15, 2013 PAGE 4 Policy and Action Program C.8) and permitted by Conditional Use Permit in the R-1 zone in the city for the convenience of residents. The City’s General Plan recognizes the need for this type of use and the existing Montessori Arts and Sciences School is consistent with the General Plan regarding the availability of community facility uses for the residents of Carlsbad. Both public and private schools are necessary and desirable for the development of the community and the increase in student capacity will continue to allow for this finding to be made. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the existing Montessori Arts and Sciences School is compatible with the existing surrounding residential, office and governmental uses in the area as evidenced by staff’s assessment that traffic operations are not disruptive to the adjacent street system and no other issues regarding the school operation have been raised. The proposal to add 13 students to the school capacity will not change any significant operational function that would disrupt the existing harmony with surrounding land uses. The site has been designed to accommodate all activities associated with the existing and proposed student enrollment. 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 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. The school has been in operation since its original approval and no significant operational issues have arisen causing City intervention. Since an operational track record has been established by the school, the applicant’s request to have the school approved without an expiration date can be supported. Elimination of the expiration date also eliminates the requirement to bring the school back to the Planning Commission for review and extension every 5 to ten years. Even with the elimination of an expiration date, the annual review by staff of the school operation, typical of most Conditional Use Permits, remains in full force and effect. Since there is still an annual review and any Conditional Use Permit can be brought back to the Planning Commission if its operations are in violation of the conditions of approval, elimination of the expiration date is acceptable. CUP 01-12x1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL MAY 15, 2013 PAGE 5 E. Growth Management The project proposes the increase of student capacity at a private elementary school from 36 students to 49 students. Although the project is limited to the incremental impact of 13 more students added to an existing 36 student school project, the following table is based on the full 49 students. The impacts on public facilities created by the project are summarized in the following table: TABLE 1: GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A Yes Library N/A Yes Waste Water Treatment 1EDU (no increase) Yes Parks N/A Yes Drainage Basin A Yes Circulation 74 ADT (increase 21) Yes Fire Station No. 1 Yes Open Space N/A Yes Schools: N/A Yes Sewer Collection System 1 EDU (no increase) Yes Water 803 GPD (no increase) Yes V. ENVIRONMENTAL REVIEW The project being reviewed is a change to the maximum number of student capacity for an existing facility and the elimination of an expiration date for the same facility. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. [CEQA Guidelines Section 15061(b)(3)] ATTACHMENTS: 1. Planning Commission Resolution No. 6975 2. Location Map 3. Disclosure Form 4. Background Data Sheet 5. City Council Resolution No. 2003-056 dated March 4, 2003 6. Exhibits “A”-“D” dated October 2, 2002 . -·-... \ .. .-\ SITE MAP • N NOT TO SCALE Montessori Arts & Sciences School CUP 01-12x1(A) ------------- .l~ "-' '..:· ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. • The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual,.firm; co-partnership.joint venture, association; social Club; fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document, however, the legal name and entity of the applicant and property owner must be provided below, • 1. APPLICANT (Not the applicant's agent) Provide the _COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) • Person.ktnannGe)f:.\?7!(7{;iheorp/Part.--c-------- Title Own~ ~-:5""~""'r:;5_•~s~ll"..d-o_"'-'L __________ _ Address 13 '51:Br,e.. ~ I! "' Address . .....,.~----------co:.:ts.ba.d.. e-14 q'2.0oe -1q4J 2. OWNER (Not the owner~ agent) , Provide the COMPLETE, LEGAL names and addresses of A!::b persons having any ownership interest In the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the co1porate officers. (A separate page may be attached if necessary.) Lo.u v\ e Q.,eJ::s s ' n:l e,..... • Person 0e,c r1"re-6-e'Iss~n~ Corp/Part ___________ _ Tit~l')CU")() .JS-Cs-:,ht3e-r..,-o.._J/oqitle G2J.ss\ nc;er-S<!!::v'I vo r-s =p--u,;.f------------- Address-'1351 ~}Qt? A:vsenu e. Address_· __________ _ C0r:ls baJJ CA qwot!, -:t 141 P-1(A) Page 1 of2 Revised 07110 . ., 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust_______ Non Profit/Trust. ________ _ Title __________ _ Title ____________ _ Address. _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~.. ~ - Print ort Tru..sloe<S P-1(A) ..,.,. oi;l>J=,a.,ee,t. cv-~~~~~'at:JS!:C.'...!.7, Jar G-eoY3e,, L.a(i"),O~ c:;re; :ss~Aj e,r 4CD o r,p :]?(...U"'\ h <Ur"\ -s-~-=i,,e30 > ~ q2,1 30 Page 2 of 2 Revised 0711 o Revised 01/06 BACKGROUND DATA SHEET CASE NO: CUP 01-12x1(A) CASE NAME: MONTESSORI ARTS AND SCIENCES SCHOOL APPLICANT: Janaan Taylor REQUEST AND LOCATION: Request for an amendment to Conditional Use Permit CUP 01-12X1 to increase the maximum number of students allowed from 36 to 49 and to approve the project with no expiration date for the Montessori Arts and Sciences School located at 3016 Highland Drive, Carlsbad CA in Local Facilities Management Zone 1. LEGAL DESCRIPTION: 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 APN: 156-211-06 Acres: 0.70 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: No Change Density Allowed: N/A Density Proposed: N/A Existing Zone: R-1-10,000 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-1-10,000 RLM School North R-1-10,000 RLM Single Family home South R-1-10,000 RLM Single Family Home East R-1-10,000 RLM Single Family Home West R-1-10,000 RLM Single Family Home LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A □ [Z] □ [Z] □ □ Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued Certified Environmental Impact Report, dated Other, 15601(b)(3) General Rule CEQA Exempt □ □ □ ~ 0 ~~~ "'"' I _Jc)~O) --' "-"' ;:i;ojs ll: ~ -~ -> Cl (.) O ft ;;',:. i1i :::; z UJ Cl) <C 0 z ...JO a: a: a: ci o<< I= (.) a, <(~~ E-« (.) (.) 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING THE APPELLANT'S APPEAL, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND ISSUING CONDITIONAL USE PERMIT (CUP 01-12) CASE NAME: CASA MONTESSORI DE VISTA SCHOOL CASE NO.: CUP 01-12 WHEREAS, Casa Montessori de Vista School has filed a verified application with the City of Carlsbad for a Conditional Use Permit CUP 01-12 on property to wit: That portion of lot twenty-one of Patterson's addition to town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888 WHEREAS, the Planning Commission did hold duly noticed public hearings as prescribed by law on October 2, 2002 and November 20, 2002 to consider said verified application; and WHEREAS, at the conclusion of the public hearings the Planning Commission denied the application for Conditional Use Permit CUP 01-12; and WHEREAS, an appeal of the Planning Commission decision was filed by Casa Montessori de Vista School on December 2, 2002 staling the reasons for the appeal; and WHEREAS, this appeal was timely filed pursuant to Carlsbad Municipal Code section 21.50.100; and WHEREAS, the City Council did hold a duly noticed public hearing to consider this appeal on February 11, 2003; and City Council Resolution No. 2003-~-0=5~6 __ Page 1 of 11 " l1l ~ W m "' ~ l"C <( " _, 0 UJ al. "-Cl " :5 <( !.ti~ ~ z a: -> [I' g o " a " "-" ;. ., ~ is WV>o z _, ct" tr" a:: ci 0" i!i ~8~ ~ ~ ~ 5 " l WHEREAS, the City Council continued the appeal to February 1 B, 2003 at 2 which it carefully considered the law, evidence and arguments presented at the public 3 4 5 6 71 B 9 10 11 12 13 14 15 16 , 17 18 19 20 21 22 23 hearings concerning the appeal; and WHEREAS, at said public hearing after consideration of all the evidence, testimony, and arguments of those persons present and desiring to be heard, the City Council granted the appeal of appellant and issued the Conditional Use Permit with conditions; and WHEREAS, the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the development of the site for a private school would be consistent with the General Plan objective "to preserve the neighborhood atmosphere and identity of existing residential areas• in that the project will not detract from the quality of the neighborhood; and the traffic generated by the school will not conflict with the existing residential uses; and WHEREAS, the site for the intended use is adequate in size and shape to accommodate the use, in that the site can accommodate the required handicap pedestrian ramp, parking lot, and landscape areas without the need for a variance from development standards; and WHEREAS, all the yards, setbacks, walls, fences, landscaping, and other 24 features necessary lo adjust the requested use to existing or permitted future uses in the 25 neighborhood can be provided and maintained, in that sound walls will be provided 26 adjacent to the existing residential properties and specimen size landscaping will be 27 , installed around the parking area for immediate screening of the parking lot; and 28 City Council Resolution No. 2003-_-_.0"'5""6 __ Page 2 of 11 Cl §~! a: "' I i c3 ~ ~!s . i: = ~ rt 6 ;-0 Cl c, "- ..J '< -1 it "' '-' ~ z ~ "· a: /J Cl 0 < I: 8 lll <t N -' 1: -~ u l) 1 WHEREAS, the street system serving the proposed use is adequate to 2 properly handle all traffic generated by the proposed use, In that the proposed on-site 3 . circulation will not impact street circulation since the project will be required to comply 4 with the proposed staggered start/dismissal limes, and on-site parental parking will be 5 not be permitted during the start/dismissal times; and Si , ) WHEREAS, the City Council has reviewed each of the exactions imposed ' e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 t 27 l 2a I J I I on the Appellant contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct B. That the appeal of appellant is granted, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is adopted, and the CUP 01-12 is issued with the following findings and conditions: Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of the use permitted by this CUP. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. City Council Resolution No. 2003-_-_,,0=5.._6 __ Page 3 of 11 1 2 3 4 5 6 7 8 9 10 11 12 " :i '" I 13 Cl)> -.., -., ~~8 _J (J w g,; 14 _, u. Cl < 0 :5 < ai~_Jz C[_5a: 9 0 C 12 15 <;. ~ :J .z UJ (I) < a z ..1 u 16 a:a:a:d o<,. I= u "' <g~ 17 i=: "' :r -"' u u 18 19 20 21 22 23 24 251 26 I ! 27 28 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 prov1sIons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Casa Montessori de Vista School Mitigation Monitoring and Reporting Program. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Developer shall submit to the Planning Department a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 8. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. City Council Resolution No. 2003----0~5-6 __ Page 4 of 11 1 2 3 4 5 6 7 8 9 10 11 12 □ ;.i w; ~ > -13 .a:: it IO ~ " ~ :::l ~ ~ 14 " ~ :S ~~-i ~"!>e 15 ~ ' :i ~~ < 0 z ...J u 16 Jr Jr Jr ci 0 < < J: " '" ""8 ~ 17 >-N 0: --< B o 18 19 20 21 22 I 23 24 25 26 27 28 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building penmits. 11. This approval is granted subject to the approval of the Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 5314 for those other approvals. 12. This approval shall become null and void if building penmits are not issued for this project within 18 months from the date of project approval. 13. Construction and installation of all required improvements, including but not limited to parking areas, handicap ramp, walls, fencing, and landscaping as shown on the approved plans shall be completed prior to operation of the building as a school. 14. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to , the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Housing (Non-Residential} 15. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. Landscape 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing confonmance with the approved Preliminary Landscape Plan and the City's Landscape Manual. All plant materials around the perimeter of the parking area shall be installed from specimen size containers so that immediate screening of the parking area can be achieved. The sizes proposed shall be City Council Resolution No. 2003---~0=5=6 __ Page 5 of 11 1 2 3 4 5 6 71 8 9 10 11 12 I a ~~; 13 <~~ :l ow~ 14 "-"' ~ 0 j i . i!: -er a: -:> 0 15 0 (,,) □ u. ...J • < - ~>,£II~ o~~u 16 a:a:II:o" 0 « « t= C.J " <g~ 17 i!: N CI: -., i3 " 18 19 20 21 • 22 23 24 25 26 27 28 subject to approval by the Planning Director. Developer shall construct and install all I landscaping as shown on the approved Final Plans, and maintain all landscaping in a , healthy and thriving condition, free from weeds, trash, and debris. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 18. A maximum of thirty-six (36) children in grades 1-6 and a maximum staff level of four (4) persons shall be permitted at the private school. 19. The following schedule shall be utilized for arrival and departure (start/dismissal) times of the school: Track I Track II Track Ill -8:30 AM/3:00 PM -8:50 AM/3:20 PM -9:10 AM/3:40 PM Each track may contain a maximum of 12 students, who will be assisted from their transportation vehicles to the school facility by school staff personnel. Minor modifications to this schedule may be approved administratively by the Planning Director. Extended day hours for before and after school child day care are not subject to the school arrival and departure schedule. 20. Parent/teacher conferences and other activities requiring on-site parking shall be scheduled on a track-by-track basis or off-peak schedule when individual conferences are necessary. In addition, any activities involving the entire enrollment (to the extent it would exceed a projected demand in excess of available parking spaces) will be scheduled at offsite locations to insure that there would be no impact to the surrounding owners or neighbors. 21. Play equipment shall be used in a manner which precludes it from leaving the site. 22. The existing building labeled "care taker's room" is intended for use as a multi-purpose room and shall not be occupied for any residential or care taker purpose. 23. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning • Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. City Council Resolution No. 2003-_-~0=5=6 __ Page 6 of 11 0 !~! ~ ci: ;· .:j t: ; -,:( 0 < < "'~:=lZ ' -cr: i::r: CJ> D 9 C, u. ·~-~t,,,=i oz...1tJ a:irc:d 0 "'~ t 8 (/) <( N ..J ~-~ u 1 24. This Conditional Use Permit is granted for a period of five (5) years 3 4 5 6 1 from March 4, 2003 through March 3, 2008. This permit may be revoked at any time 2 j 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice 25. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 26. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by this resolution on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment lo the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Engineering: General 27. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Fees/Agreements 28. Developer shall cause property owner to execute and submit to the i City Engineer for recordalion the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 29. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Highland Drive along the subdivision frontage for a half street width of 30 feet. Public City Council Resolution No. 2003----0-5=6 __ Page 7 of 11 1 2 3 4 5 6 7 8 9 10 ' 11 12 0 < m al~ g: ,,, -13 .., -' ~ ~ "' Uw~ ::I ~ "' 14 :l O 5 ,!; . ~ = ~ a: -> Cl U O ~ 15 :;;_ ' <( -z >-"' ;;;_ o~~o 16 II' II' CZ: 1:f 0~< ~8~ 17 ~ NC: -<( u u 18 19 20 21 22 23 24 25 26 27 28 improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, fire hydrants, and streetlights. 30. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 31. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a . building permit for the project. Dedications/Improvements 32. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. A Storm Water Management Plan for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A) All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B) Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C) Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Water: 33. Prior to approval of building permits, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be City Council Resolution No. 2003-_-0~5~6 __ Page 8 of 11 Cl ~ uJ §l ~ ~ ., a: a: ~ < Cl 0 uJ N :::fu.c,O) < 0 j < ID >-Z ti!::>~ 9(.)c::,LL < ;. ~ :'.j z w CJ)< a z ..Ju IJ: 0::: C: ci 0 < < ~ 0 "' <( ij ~ I: -~ 5 0 1 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 2 3 4 5 6 7 34. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 35. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 36. The Developer shall install sewer laterals and clean-outs at a 8 location approved by the District Engineer. The locations of sewer laterals shall be ' reflected on public improvement plans. 9, 10 11 12 13 14 15 J 16 17 18 19 20 21 22 23 24 25 26 27 28 37. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. Building: 38. No part of the site or the structures thereon shall be utilized as an E- 2 Occupancy as defined by the 2001 California Building Code ("CBC") prior to the issuance of a Certificate of Occupancy by the City or Carlsbad Building Department and Fire Marshal. 39. All existing and new facilities on site shall be remodeled to meet the 2001 California Building, Fire, Electrical, Mechanical, and Plumbing Code requirements for an E-2 Occupancy prior to issuance of a Certificate of Occupancy being issued. 40. All facilities shall be modified to comply with the accessibility requirements contained in the State of California Code of Regulations Title 24 Part 2 Volume 1 Building Code prior the issuance of a Certificate of Occupancy. 41. The floor plan and buildings as shown on the exhibit will require significant revisions to meet the above requirements. Those revisions include but are not limited to: A) For use by 36 students, the restroom facilities will need more fixtures and those restrooms will have to be fully accessible to the disabled. B) Hallways and doorways may require modifications depending upon door swing and hallway width. City Council Resolution No. 2003---~0=5-6 __ Page 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 0 0, .. "' CC LU o, "'> -13 if ir ~· .. 0 ...Ju w 0, 14 -' "-<!J .. 0 :5 .. ~ ~ = ~ a: -> 0 15 0 U O u. ~;. ~ ::J z w Cl) ,c( 0 z -' u 16 a:a::a::c 0 .... I= 0 cc 0 "' .. 0-' 17 ~ N 0: -.. 0 0 18 19 20 21 22 23 24 25 26 27 28 C) All entrances must be made fully accessible for the handicapped and accessible paths of travel must be developed amongst and between buildings on site. D) The type of wiring for the existing electrical system is unknown. If it is in Non-metallic wiring (most likely) that type of wiring is not an allowed use in an educational occupancy. The wiring system will need to be modified to comply with the current CEC for the new occupancy. E) The 2001 CBC requires minimum light and ventilation requirements for E occupancies. It must be demonstrated that the new occupancy (E2) complies with CBC Sec. 1202. Fire: 42. The project will require installation of a commercial-type fire sprinkler system with a backflow preventer and Fire Department Connection inlet valve just inside the property line in front. 43. The project will require installation of a fully compliant evacuation/fire alarm system. Monthly fire drills, pursuant to state law, will be required of the school. Code Reminders 44. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 45. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 46. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 47. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. C. That appellant's appeal fees are refunded. D. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: City Council Resolution No. 2003-_-....,0"'5-"'-6 __ Page 10 of 11 Cl a, "' a, a, '" O> ~ ~ "';" a: a: a, < Cl g ...JO UJ ~ __, "-Cl < Cl :5 < CD~...1Z a: -> cc Cl O Cl f2 ...J ' < -~ eu m ;;! 0 Z ...1 O cc cc cc ci Cl < < I= (J a, < g ~ ~ N 0: -"' u (J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the __ 4t_h __ day of March, 2003 by the following vote, to wit: AYES: Council Members Kulchin, Hall and Packard. NOES: Council Members Lewis and Finnila. ABSENT: None. . WOOD, ity Clerk (SEAL) City Council Resolution No. 2003-_-..,,0"'5-"'6 __ Page 11 of 11 CONDITION NO. 18: "A maximum of thirty-six (36) children in grades 1-6 and a maximum staff level of four (4) persons shall be permitted at the private school." CONDITION NO. 24: "This Conditional Use Permit is granted tor a period of five (5) years from March 4. 2003 No>.1omeor ao, aooa through March 3, 2008 No1•1ombor 19, ~. 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 substaotial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant." Page 12 of 12 ~-~------------------------~-R-e .... s=o~o~L., .... ..J,,lN~~=~~--,-.-----1