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Item 5 - Modification to CUP 91-08M(4); Country Montessori SchoolG` OF �qr AGENDA REPORT SUMMARY IN THE CJJ TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana INITIATED BY: Niall Fritz, Director of Developm Services DATE: May 31, 2005 SUBJECT: Modification to Conditional Use Permit (CUP) 91- 08M(4), Country Montessori School, Applicant. APN: 275 - 460 -62 ABSTRACT The applicant is requesting modification to a condition of approval for the existing Country Montessori School located at 12642 Monte Vista Road, within the Commercial Office (CO) zone. On June 4, 2002, the City Council approved the addition of a new modular classroom and increased the enrollment capacity by 30 students. That approval included a condition that the school develop a business plan to replace all of the temporary structures on the site with permanent buildings. The plan was to be in place by June 4, 2005. The school has made significant progress in developing a master plan for the campus, but needs more time to identify sources of funding for the new construction. Approval of the requested modification would give the school an additional year to identify fu ding sources. ENVIRONMENTAL REVIEW The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), in that the granting of an extension would not cause a significant effect on the environment and will not result in an intensification of the use of the site. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and sent to 107 property owners within 500 feet of the site. RECOMMENDATION It is recommended that the City Council approve CUP 91- 08M(4) to allow a one year time extension to June 6, 2006 subject to the conditions of the attached proposed Resolution. ACTION M:W lannina \05reoort\cuo\CUP91- 08M(4) Country Montesson\sum.doc 1 of 32 May 31, 2005 Item # S CITY OF P O WAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man INITIATED BY: Niall Fritz, Director of Development Services Patti Brindle, City Planner p Oda Audish, Associate Planner ,ok DATE: May 31, 2005 �V� SUBJECT: Modification to Conditional Use Permit (CUP) 91- 08M(4), Country Montessori School, Applicant: A request to modify a condition of approval for the existing Country Montessori School located at 12642 Monte Vista Road, within the Commercial Office (CO) zone. The modification would extend the date for the school use to June 4, 2006. APN: 275 - 460 -62 BACKGROUND The applicant is requesting modification to a condition of approval for the existing Country Montessori School located at 12642 Monte Vista Road, within the Commercial Office (CO) zone. On June 4, 2002, the City Council approved Modification to Conditional Use Permit (CUP) 91- 08M(3) to increase student enrollment from 165 students to 195 students (Resolution P -02 -30 and City Council Minutes, Attachments D and E). In addition, the applicant received approval of a modification to the Development Review Permit 98 -16M to allow a 1,440- square -foot modular classroom along the western property line to accommodate the increased number of students. Variance 02 -05 was also granted to allow the modular classroom to encroach into the side yard setback. With each of these approvals the school representatives indicated that a permanent solution to the school's growth was being completed. The approval of the modification to the CUP included a condition that the school develop a business plan to replace all of the temporary structures on the site with permanent buildings. The plan was to be in place by June 4, 2005. This condition was intended to direct the school to find a permanent solution to its growth. The school has made significant progress in developing a Master Plan for the campus, but needs more time to identify sources of funding for the new construction. Approval of the requested modification would give the school an additional year to identify funding sources. FINDINGS Over the past 3 years the applicant has taken steps to develop a Master Plan build -out with permanent buildings, as described in the enclosed letter (Attachment F). The applicants have hired an architectural firm that has prepared plans for replacing existing temporary 2 of 32 May 31, 2005 Item # 5 Agenda Report May 31, 2005 Page 2 buildings with new permanent buildings. They have also hired a fund raising consultant to identify funding opportunities. On January 28, 2005, RDK Consulting, Inc. submitted, on behalf of the Country Montessori School, an application to modify the School's Conditional Use Permit and Development Review Permit for the expansion of student enrollment from 195 to 225, along with a phased Master Plan to replace the existing buildings with new permanent facilities. The application also includes a business plan for the proposed Master Plan. The Master Plan is currently proposed in 2 phases: Phase 1. ■ Construct a new 10,000- square -foot school building to replace the existing converted house, located on the north side of the site along Monte Vista Road, and the modular classroom located along the west property line. The building would contain 3 classrooms, a library, administrative offices, a kitchen, an art room, a computer lab, and support space. • Reconfigure and expand the existing parking lot along Monte Vista Road. ■ Replace the existing wood fence along the south property line with an 8- foot -high wall. • Install new play ground area and new landscaping. ■ Provide parking in accordance with the parking standards of the Poway Zoning Code. Phase 2. ■ Replace the remaining 3 existing temporary structures. Recently, updated plans and a traffic study have been submitted. Staff is reviewing these materials and will determine whether previous concerns raised by staff and the neighborhood have been addressed, after which time the application may be deemed complete. Neighborhood Meeting - A Neighborhood Meeting was held on March 31, 2005, to present the proposed Master Plan and to seek input from surrounding neighbors. Two neighbors attended the meeting. One neighbor has a residence and a business on Monte Vista Road. The other neighbor lives in the adjacent residential neighborhood immediately south of the project. The neighbors were overall in agreement with the school's Master Plan proposal. They asked that special attention be given to avoid affecting the existing drainage facility along the shared south property line, and to maintain a student drop -off and pick -up circulation pattern on Monte Vista Road that is as efficient and safe as the school's existing drop -off- and pick -up circulation pattern. The neighbors both expressed that over the past few years, the school has been operating to their satisfaction. Since no neighborhood complaints have been received, and the School is pursuing a permanent solution to the long -term needs of the school, staff supports the applicant's 3 of 32 May 31, 2005 Item # S Agenda Report May 31, 2005 Page 3 request to extend the date by which the school use would have to cease until June 4, 2006. This additional time would allow the applicant to seek City Council approval of the current application to modify CUP 91 -08 for a Master Plan for the school's build -out. ENVIRONMENTAL REVIEW The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), in that the granting of a time extension would not cause a significant effect on the environment and will not result in an intensification of the use of the site. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and sent to 107 property owners within 500 feet of the site. RECOMMENDATION It is recommended that the City Council approve CUP 91- 08M(4) to allow a one -year time extension (to June 6, 2006) subject to the conditions of the attached proposed Resolution. Attachments: A. Proposed B. Land Use C. D. E. F. Resolution and Location Map Resolution P -98 -39 approving CUP 91- 08M(2) and DR 98 -16 Resolution P -02 -30 approving CUP 91- 08M(3) and DR 98 -16M Minutes from the June 2, 2002 City Council Meeting Applicant's letter M:\ planning \05report\cup \CUP91- OSM(4) Country Montessori\agenda.doc 4 of 32 May 31, 2005 Item # 5 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91- 08M(4), ASSESSOR'S PARCEL NUMBER 275 - 460 -62 WHEREAS, on June 4, 2002, the City Council approved Resolution P -02 -30 Conditional Use Permit (CUP) 91- 08M(3), Development Review 98 -16M and Variance 02 -05 to allow installation of a 1,440- square -foot modular classroom within the 10 -foot side yard setback area and increase the permitted student capacity from 165 students to 195 students in conjunction with an existing legally established school use, Country Montessori School, located at 12642 Monte Vista Road in the Commercial Office (CO) zone; and WHEREAS, a request has been submitted to modify the Condition of Approval contained in Section 10 of Resolution P -02 -30 to allow the school an additional year to identify funding sources for the school Master Plan; and WHEREAS, on May 31, 2005, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), in that the granting of an extension would not cause a significant effect on the environment and will not result in an intensification of the use of the site. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, CUP 91- 08M(4) to allow the school an additional year to identify funding sources for the school Master Plan are as follows: A. The proposed time extension is in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City. B. The proposed time extension would not affect the location, size, design and operating characteristics of the existing school use, which will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. C. The proposed time extension would not affect the existing harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. The proposed time extension would not affect existing public facilities, services and utilities at the site. 5 of 32 ATTACHMENT A May 31, 2005 Item # S Resolution No. P- Page 2 E. The proposed time extension would not have a harmful effect upon desirable neighborhood characteristics. F. The proposed time extension would not affect the capacity and physical character of surrounding streets and the project is consistent with the circulation element of the General Plan. G. The proposed time extension would not affect suitability of the existing school development to the site. H. The proposed time extension would not affect the use of hazardous materials or processes, nor does it affect any natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. The proposed time extension would not affect other relevant negative impacts of the proposed use that cannot be mitigated. J. The proposed time extension would not affect the existing location, size, design and operating characteristics of the use and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. The proposed time extension would comply with each of the applicable provisions of Title 17 of the Poway Municipal Code. Section 3: The City Council hereby approves Conditional Use Permit 91- 08M(4), to modify The Condition of Approval, contained in Section 10 of Resolution P- 02 -30, to extend the date for the school use to cease to June 6, 2006, involving the existing Country Montessori School located at 12642 Monte Vista Road, within the Commercial Office zone, subject to the following conditions: A. Approval of this Conditional Use Permit request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance, and all other applicable City ordinances in effect at the time of Building Permit issuance. B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) the property owners shall execute a Covenant Regarding Real Property. 6 of 32 May 31, 2006 Item # S Resolution No. P- Page 3 C. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding commercial uses. D. The conditions of this CUP shall remain in effect for the life of the subject private school and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Conditional Use Permit 91 -08 shall be reviewed annually by the City Council to review, at a minimum, noise, traffic and the school's progress in finding a new location for the school. F. Any changes in the approved use of the building, including but not limited to, the number of students, will require the approval of a modification to this Conditional Use Permit. Depending upon the scope of such changes, at the discretion of the Director of Development Services, said modification may be processed administratively or may be referred to the City Council for a public hearing. Section 4 : The conditions of Resolution No. P -98 -39 and P -02 -30 shall remain in effect, except that CUP 91 -08 shall be the subject of a public hearing to revoke the Permit, so the use will cease no later than June 6, 2006, unless the City Council approves a modification to the Permit extending the date for the use to cease. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 31st day of May. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 7 of 32 May 31, 2005 Item # 5 Resolution No. P- Page 4 STATE OF (CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. 'iDiane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. , was duly adopted by the City Council at a meeting of said City Council held on the 31 st day of May 2005, and that it was $o adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED �I II M: \planning \05re{ ort \cup \CUP91- 08M(4) Country Montessori\reso.doc I t 8 of 32 L. Diane Shea, City Clerk City of Poway May 31, 2005 Item #S r �IIII�n�Inr,•� ©L �1► ■ • r. err., i11 ! .e. C o Cli�T . ► i11111n1 �� ..r► ter.: �� . RESOLUTION NO. P -98 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91- 08M(2) AND DEVELOPMENT REVIEW 98 -16 ASSESSOR'S PARCEL NUMBER 275 - 460 -62 WHEREAS, Conditional Use Permit 91- 08M(2) and Development Review 98 -16 was submitted by Country Montessori School, Applicant, for approval to add a 2,880 square foot modular classroom to the property located at 12642 Monte Vista Road within the Commercial Office zone. The applicant also requests approval to increase the maximum student enrollment to 165 students; and WHEREAS, on June 30, 1998, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: The previously issued Negative Declaration with Mitigation Measures for CUP 91 -08 on August 6, 1991, adequately addresses the environmental issues associated with this proposal and the development of this site. K•1 �. �. Conditional Use Permit 91 08Mo 1. The approved project is consistent with the General Plan and Zoning Ordinance in that a private school is permitted in the Commercial Office zone with the approval of a conditional use permit. 2. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources, in that the school has operated successfully and without serious complaint during the past 9 years. 3. That there are adequate public facilities and utilities available to service the project. 4. That the generation of traffic will not adversely impact the surrounding streets and /or the City's Circulation Element in that the project proposes an expansion of the on -site parking and queuing lane facilities which should promote better traffic circulation. 10 of 32 ATTACHMENT C May 31, 2006 Item # 5 Resolution No. P -98 -39 Page 2 5. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 6. That there will not be significant harmful effects upon environmental quality and natural resources in that the property is developed and the surrounding properties are also developed. Development Review 98-1 Q The project is consistent with the development standards of the General Plan and the Zoning Ordinance. 2. That the approved project encourages the orderly and harmonious appearance of structures and property within the City, in that the modular will installed on a permanent foundation and will be similar in size and appearance to the existing modular buildings on the property. 3. That the proposed project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the school has existed on the site for the past nine year without significant problems or issues. Section 37 Cit)LCouncil Decision: The City Council hereby approves CUP 91 -08M(2) and DR 98 -16 subject to the following conditions: Within 30 days of approval, the applicant shall (1) submit in writing that all conditions of approval have been read and understood and; (2) the property owner shall execute a Covenant on Real Property. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. Conditional Use P rmit 1 o8M(2) The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. 2. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval or the Planning Services 11 of 32 May 31, 2005 Item # 5 Resolution No. P -98 -39 Page 3 Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. 3. The student drop off point shall be relocated to the exit driveway to eliminate vehicle queuing on Monte Vista Road. 4. To date a total of three (3) modular buildings have been approved for installation on the subject property. In the future no additional modular buildings shall be approved for installation on the property. As the approved modulars age, any replacement of these structures shall be with conventional construction. 5. All outdoor playing fields and areas shall be located on the northerly side of the property. 6. The westernmost driveway shall be utilized for ingress only with the easternmost driveway for egress to promote a counter clockwise traffic movement on -site. 7. A slump stone masonry wall with pilasters eight feet in height from the highest finished grade, along the southerly property line shall be deferred unless a sound study is conducted that shows noise that exceeds the Noise Ordinance levels. Noise complaints from neighbors will not trigger the wall installation. The design, materials, and location of the wall are subject to the approval of the Director of Planning Services. 8. The school shall not use outside amplification systems except for necessary safety purposes and as a fire alarm system. 9. The school shall comply with the Small Animal Ordinance. 10. All excrement produced by any animals shall be placed in an airtight container and disposed of on a regular basis so as to control flies and odor. 11. The maximum student enrollment shall never exceed 165 students. This number cannot not be reconsidered for an increase at any time any the future. 12. The maximum number of children permitted on the rear yard play area for play activity shall not exceed 36 at a given time. Recess periods shall be staggered. 12 of 32 May 31, 2005 Item #5 Resolution No. P -98 -39 Page 4 13. Shut -off timers shall be installed on the air conditioning units to insure that the equipment does not operate after school hours and have noise impacts on adjacent residential neighbors. 14. A neighborhood /school advisory committee shall be established and consist of representatives from the adjacent residential properties and school administrative staff. The committee shall meet at least one time annually. 15. No lighting is to be installed on the rear portion of the new modular building. Development Review 98 -16 SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. Trash receptacle shall be enclosed by a six foot high masonry wall with view - obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. 5. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 6. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 7. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. School fees are due at building permit issuance. 8. The structure shall meet the state of California regulations for disabled access and all applicable sections of the Uniform Building Code for education occupancies. 13 of 32 May 31, 2005 Item #. Resolution No. P -98 -39 Page 5 Pocket doors shall have hardware accessible to the disabled. All exits shall be accessible to the disabled. 9. All new utility services shall be installed underground. 10. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 2. Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 3. All two -way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped and have minimum inside dimensions of 18.5'x 8.5'. 5. The employee and front parking lots shall be constructed in accordance with the approved site /grading plan on file in the Planning Services Department. 6. The centrally located school driveway on Monte Vista Road shall be closed off by the construction of a concrete curb along the easterly perimeter of the parking lot. 7. All parking lot landscape areas shall be separated from vehicular areas by a six -inch high, six -inch wide portland concrete cement curb. 8. A copy of the executed access agreement between the school and the adjacent commercial property to the west shall be submitted to the Planning Services Department prior to final occupancy. 14 of 32 May 31, 2005 Item # . Asolution No. P -98 -39 Page 6 LANDSCAPEIMPROVEMENTS 1. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. Existing landscaping shall be retained as shown on the conceptual landscape plan. Landscaped areas within the adjacent public right -of -way shall be permanently and fully maintained by the owner. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 4. One fifteen - gallon tree, per City specifications, shall be provided for every three parking spaces. Said tree shall be located to provide shade for the vehicles. 5. A dense, evergreen landscaping screen shall be planted and maintained along the southerly property line to buffer the new modular building and parking area from the adjacent residential development. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the City of Poway Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2. A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. The grading plan shall be drawn at a scale of 1" equals 20' or larger. 3. A right -of -way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right -of -way or any City- held easement. Said work shall include, but is not to be limited to, construction of 15 of 32 May 31, 2005 Item # S Resolution No. P -98 -39 Page 7 driveway approach, sewer lateral installation and water service line installation and street construction. 4. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading plans. 5. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 6. All new slopes shall be a maximum of 2:1 (horizontal to vertical). 7. A final compaction report shall be submitted and approved prior to issuance of building permits. 8. Certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of building permits. 9. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provision to insure the proper maintenance of all erosion control devices throughout their intended life. 10. Paving of the parking lot shall conform to the standards as set forth in Section 12.20.080 of the City Code. All driveway approaches shall be with alley -type returns. 11. No parking space shall be allowed within City's easements unless otherwise approved by the Director of Engineering Services. 12. Should there be a need for new fire hydrant(s), a water system analysis shall be prepared to establish the proper size and location of the public water system. Applicant shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. Improvement plans prepared by Registered Civil Engineer shall be submitted for approval by Engineering Services Department. Plan check and inspection expenses shall be paid by the developers. Water System Analysis fees are as follows, and they may change at any time without prior notice: One Fire Service $1,250 Two Fire Services $1,850 More than Two Fire Services or Looped System $2,800 16 of 32 May 31, 2005 Item # S Resolution No. P -98 -39 Page 8 13. Proposed and existing water, sewer, gas, electric, telephone and other public utility lines and appurtenances shall be shown on the improvement plans. 14. Prior to building permit issuance, appropriate sewer fees shall be paid to the City's Engineering Services Department. Sewer fees shall include, but are not limited to connection fee, cleanout fee and installation inspection fee. The sewer connection fee is $3,392.64. 15. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a certificate of occupancy. Once payment is received in full, said security bond could be released to the applicant. The traffic mitigation fee is $693.00. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 2. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all- weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 3. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactorily to the Director of Safety Services, and meeting Sheriffs Dept. - ASTREA criteria. 4. A'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. 5. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 17 of 32 May 31, 2005 Item # S Resolution No. P -98 -39 Page 9 6. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 7. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 8. The addition of on -site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshall. 9. Fire alamn system(s) consistent with Uniform Fire Code (1994 Edition) requirements shall be installed. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of June, 1998. 1 �1 Don Higginson, Mayo ATTEST: Lori Anne Peoples, Assis ant City Clerk 18 of 32 May 31, 2005 Item # S Resolution No. P -98 -39 Page 10 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, Assistant, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P -98 -39 , was duly adopted by the City Council at a meeting of said City Council held on the 30th day of June , 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY o ' A4e0ples, Assis ant City Cleric City of Poway N:\PLANNI NG \REPORTICUP9108.R3 19 of 32 May 31, 2005 Item # S' RESOLUTION NO. P -02 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91- 08M(3), DEVELOPMENT REVIEW 98 -16M, VARIANCE 02 -05 ASSESSOR'S PARCEL NUMBER 275 - 460 -62 WHEREAS, Conditional Use Permit 91- 08M(3), Development Review 98 -16M and Variance 02 -05 were submitted by Country Montessori School to allow installation of a 1,440- square -foot modular classroom within the 10 -foot side yard setback area and increase the permitted student capacity from 165 students to 195 students in conjunction with an existing legally established school use located at 12642 Monte Vista Road in the Commercial Office (CO) zone; and WHEREAS, on June 4, 2002 the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The proposed project is Categorically Exempt from the California Environmental Quality Act, pursuant to Section 15314, Class 14, because the project involves a minor addition to an existing school within the existing school grounds and the increase of student capacity of less than 25 %. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code to approve Variance 02 -05, to reduce the side yard setback from 10 feet to 0 feet for the placement of a 1,440- square -foot modular classroom, are made as follows: A. There is a special circumstance applicable to the property in that it is an irregularly shaped lot with only three property lines consisting of a front lot line, and two interior side lot lines. The front lot line is approximately 557 feet in length, and the two side lot lines are 300 and 527 feet in length. Because there is no rear lot line on this site, the strict application of the 10 foot side yard setback along the western property line that is adjacent to commercially zoned property is more restrictive in that a rear property line setback would be 0. Because of this, the strict application of the side yard setback on the western property line deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. B. Granting the Variance is necessary for the preservation and enjoyment of rights enjoyed by other property in the same vicinity and not afforded to the property for which the Variance is sought because the irregularly shaped lot has a greater setback constraint and granting the variance would allow a legitimate use of the property that other properties in the same vicinity enjoy. 20 of 32 ATTACHMENT D May 31, 2005 Item # 5 Resolution No. P -02 -30 Page 2 C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that there is a grade separation between the subject site and the adjacent commercial office. D. Granting the Variance would not constitute a special privilege inconsistent with other properties in the area since other properties in the same zone have been built to equal setbacks. E. Granting the Variance would not constitute a use or activity that is inconsistent or incompatible with surrounding properties since the modular classroom will be consistent with the other properties in the same zone and will not adversely affect residentially zoned property to the south. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code CUP 91- 08M(3) to install a modular classroom and expand the permitted student capacity from 165 to 195 students, are as follows: A. The proposed modular classroom would be located on an existing school campus. The 1,440- square -foot classroom is appropriate for the use and location. The design of the classroom is appropriate for the use and the surrounding area in that it will not be visible from adjacent residences and will not be visible from a public street. The proposed roject is a permitted use in the CO zone, with the approval of a Conditional Use Permit. The project will comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposed location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City. B. The modular classroom is appropriate as an accessory structure to the existing school on the site. The facility will meet all required development standards as provided in the Poway Municipal Code. Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. C. The modular classroom, at 1,440 square feet, will meet or exceed standards for scale, coverage and density. Therefore, the harmony in scale,- bulk, coverage and density of the project is consistent with adjacent uses. D. There are public facilities, services and utilities available to the site. E. The modular classroom will be located behind the existing school buildings adjacent to the western property line of the 2 -acre property and will not be noticeable from most neighboring properties. Intervening vegetation will soften 21 of 32 May 31, 2005 Item #.5 Resolution No. P -02 -30 Page 3 the appearance of the classroom from the existing office building to the west. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The modular classroom will allow a minor increase in student enrollment (an increase in 30 students) but will not significantly increase traffic on surrounding streets. There is adequate on -site parking. Therefore, the capacity and physical character of surrounding streets will not be impacted and the project is consistent with the circulation element of the General Plan. G. The modular classroom is allowable in the zone, and is small in area compared with the overall property and the existing school. Therefore, the site is suitable for the proposed accessory building. H. The use involves no hazardous materials or processes nor does it affect any natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. There are no other relevant negative impacts of the proposed use that cannot be mitigated. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. The proposed use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code, except as provided through the approval of Variance 02 -05 for the side yard setback. Section 4: The findings, in accordance with Chapter 17.52 of the Poway Municipal Code for Development Review 98 -16M to install a modular classroom are made as follows: A. The modular classroom will be built on a previously created pad and will not alter the existing pad area or height. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The modular building is in character with existing development in the area and will not negatively affect the views of adjacent property owners. The proposal does not otherwise affect the boundaries of the lot or the design of the streets. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas and streets. 22 of 32 May 31, 2005 Item # S' Resolution No. P -02 -30 Page 4 C. There are public facilities, services and utilities available. The addition of the modular classroom is an accessory structure to the existing school facility and is considered a minor addition. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. D. The modular classroom is designed to minimize impacts on the surrounding community by being located away from the street and additional shrubs will be planted to soften its view from the office building to the west. Therefore, the proposed project respects the public concerns for project aesthetics. E. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F. The proposed project will comply with all of the provisions of the Zoning Ordinance and the General Plan with the approval of Variance 02 -05. Section 5: Pursuant to Government Code Section 66020, the public improvements for CUP 91- 08M(3), DR 98 -16M and VAR 02 -05 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities are available to serve this project. The payment of sewer fees is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. The project requires payment of sewer fees and traffic impact fees, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 6: The City Council hereby approves Conditional Use Permit 91- 08M(3), Development Review Permit 98 -16M and Variance 02 -05 allowing the installation of a 1,440- square -foot modular classroom and increase the permitted student capacity from 165 to 195 students at the existing Country Montessori School located at 12642 Monte Vista Road in the Commercial Office zone as shown on the plans dated April 30, 2002, subject to the following conditions: A. Approval of this Conditional Use Permit request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building permit issuance. 23 of 32 May 31, 2005 Item # Resolution No. P -02 -30 Page 5 B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) the property owners shall execute a Covenant on Real Property. C. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding commercial uses. D. The conditions of this CUP shall remain in effect for the life of the subject private school and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Conditional Use Permit 91 -08 shall be reviewed annually by the City Council to review, at a minimum, noise, traffic and the school's progress in finding a new location for the school. F. Any changes in the approved use of the building, including but not limited to the number of students, will require the approval of a modification to this Conditional Use Permit. Depending upon the scope of such changes, at the discretion of the Director of Development Services, said modification may be processed administratively or may be referred to the City Council for a public hearing. G. The applicant shall obtain a Building Permit for the modular building prior to its use. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The building plans shall be in accordance with the approved plans on file in the Development Services Department for CUP 91- 08M(3), DR 98 -16M, and VAR 02 -05, along with the conditions contained herein. 2. The building plans shall show a disabled access path of travel from the existing buildings and the disabled parking space to the entrance of the modular classroom. This shall be provided prior to occupancy of the modular classroom. 3. The building plans shall show a fire alarm system for the modular classroom that is tied to the existing fire alarm system for the school to the satisfaction of the Fire Marshal. The applicant shall pay any additional plan check fees as determined necessary by the Department of Public Safety. This shall be operational prior to occupancy of the modular classroom. 4. The building plans shall note the location and design of an overlap woodframe fence along the north side of the parking lot extending west to the property line and running north along the property line to the proposed 1,440 square foot modular unit. The fence shall be 8 feet in height except 24 of 32 May 31, 2005 Item #5 Resolution No. P -02 -30 Page 6 for that portion that is located within the 10 -foot side yard setback area and on the property line shall be a maximum of 6 feet in height. The design and materials of the wall shall be to the satisfaction of the Director of Development Services and shall be shown on the Building Plans. 5. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be low- pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. 6. The following development fees shall be paid to the Engineering Division. The following fee amount is currently in effect and is subject to change. The applicant shall pay the amount in effect at the time of Building Permit issuance. • Sewer connection fee = $3,534 * * [(30 add'I students X 12 gal. /student _ 250 gal. /EDU] = 1.44 EDU or 1.5 EDU 1.5 EDU X $2,356/EDU = $3,534 • Traffic mitigation fee = $495 ** ** 30 students X 1 trip /student X $66.00 /trip X 0.25 = $495.00 7. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of electrical /building permit issuance. 8. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance, and all other applicable City Ordinances in effect at the time of building permit issuance. H. Prior to issuance of a Certificate of Occupancy the applicant shall: 1. Plant additional shrubs along the western property line in the vicinity of the modular classroom to soften the appearance of the structure from the adjacent office building to the satisfaction of the Director of Development Services. 2. The applicant shall develop to the satisfaction of the Director of Development Services a traffic control plan that will eliminate to the maximum extent feasible the queuing of cars on the public street west of the westemmost 25 of 32 May 31, 2005 Item #.5 Resolution No. P -02 -30 Page 7 driveway. The applicant shall purchase and have installed any signage necessary for the traffic control plan. 3. The site shall be developed in accordance with the approved plans on file in the Development Services Department. A final inspection from the appropriate City Departments (Fire, Engineering, Planning and Building) will be required prior to approval for occupancy. Section 7: The following performance standards shall apply to the school, including the use of the modular classroom upon establishment of its use: A. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. B. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. C. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance. D. The parking areas and driveways shall be well maintained. E. All landscaping shall be adequately irrigated and well maintained at all times. F. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. Section 8 : The conditions of Resolution No. P -98 -39 shall remain in effect. Section 9: The approval of CUP 91- 08M(3), DR 98 -16M and VAR 02 -05 for the addition of a 1,440- square -foot modular classroom for a maximum of 30 additional students shall expire on June 4, 2004, at 5:00 p.m. unless, prior to that time, use of the modular classroom has commenced. Section 10: CUP 91 -08 approved pursuant to this Resolution and Resolution No. P- 98-39 shall be the subject of a public hearing to revoke the permit so the use will cease no later than June 4, 2005 unless prior to that date the City Council approves a modification to the permit.allowing a different date for the use to cease. 26 of 32 May 31, 2005 Item # ( Resolution No. P -02 -30 Page 8 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 4th day of June 2002. ATTEST: Lori nne Peoples, City C rk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 02 -30, was duly adopted by the City Council at a meeting of said City Council held on the 4th day of June 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Lori nne Peoples, City Cie City of Poway m: \planning \02report\cup \91- 08m3\res.doc 27 of 32 May 31, 2005 Item # S Page 5 — CITY OF POWAY — June 4, 2002 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a City- initiated Specific Plan to limit the land uses in the Poway Plaza Shopping Center located on the northwest corner of Poway Road and Silver Lake Drive. APNs: 317- 490 -71, 75, 77, 78, 79, 80, 81, 82 and 83. The following people were present wishing to speak: Tom Chase, 12970 Slack Street, prior Albertson's Manager, spoke in support. Jim Baumann, 13381 Poway Road, representing the Poway Chamber of Commerce, spoke in support. Steve Zuill, P.O. Box 873, made inquiry regarding zoning. Will Gustafson, 1465 E. Mountain Drive, Santa Barbara, Developer /Purchaser, spoke in support. Bill Horner, 85801 Irvine Center Drive, Irvine, representing LA Fitness, spoke in support. Mike Moser, 4365 Executive Drive, San Diego, spoke in support. Kari Desgalier, 501 W. Broadway, San Diego, Attorney for Mr. Gustafson, spoke in support. Kevin Sullivan, 613 W. Valley Parkway, Suite 345, Escondido, Attorney for Albertsons spoke in opposition. Jill Draffin, 5 Park Plaza, Irvine, Attorney for GE Capital (Rite Aide) spoke in opposition. Motion by Councilmember Rexford, seconded by Mayor Cafagna, to close the public hearing, approve the Negative Declaration and adopt the amended Planning Resolution No. 02 -055, entitled, "A Resolution of the City Council of the City of Poway, California, Creating Specific Plan 02 -01 (SP 02 -01) for Poway Plaza Shopping Center Assessor's Parcel Numbers 317 - 490 -71, 75, 77, 78, 79, 80, 81, 82 and 83." Motion carried 3 -1 with Deputy Mayor Emery voting "no" and Councilmember Higginson absent. ITEM 4 (203- 08/203- 14/203 -04) MODIFICATION CONDITIONAL USE PERMIT 91- 08M(3) DEVELOPMENT REVIEW 98 -16 VARIANCE 02 -05 APPLICANT: COUNTRY MONTESSORI SCHOOL Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. 7551 of 32 ATTACHMENT E May 31, 2005 Item # tj Page 6 — CITY OF POWAY — June 4, 2002 Staff report by Development Services Director Fritz. This is a request to install a modular trailer within the side yard setback and increase the maximum allowable student enrollment from 165 to 195 students at 12642 Monte Vista Road. APN: 275- 460-62. The following people were present wishing to speak Carol Prendergast, 12642 Monte Vista Road, representing County Montessori School, spoke in support and responded to questions of the Council. Joe Thomas, 12714 Via La Gardenia, spoke in support provided a fence were installed for the neighbors. David Goodin, 12696 Monte Vista, representing Villa Monte Vista, spoke in support provided traffic corrections for the east and west lanes are made. Donna Sheehan Johnson, 12723 Via La Gardenia, spoke in support. Ken Roger, 3145 Lower Ridge Road, representing Boulder Medical Center and Pomerado Medical Dental Center, expressed concerns with the increased noise and traffic. Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to close the public hearing and adopt Planning Resolution No. P- 02 -30, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 91- 08M(3) Development Review 98 -16M, Variance 02 -05 Assessor's Parcel Number 275 - 460 -62," as amended to add an additional condition that the CUP be for 3 years with an annual review on the progress of the conditions and relocation. Motion carried 4 -0 with Councilmember Higginson absent. Item No. 5 was heard previously, prior to Item No, 1. ITEM 6 (203 -10) APPEAL — CONDITIONS OF APPROVAL MINOR DEVELOPMENT REVIEW 02 -08 APPLICANTS: MR. AND MRS. WILLIAM KOSKA Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is an appeal of Conditions of Approval to widen a private road from + 16 f at to 20 feet wide as required for permitting construction of an addition to an existing si;Ie family residence at 15017 Skyridge Road. APN: 278 - 300 -52. The following person was present wishing to speak: William Koska, 15017 Skyridge Road, spoke in support of his appeal. 7552 of 32 May 31, 2005 Item # 5 12642 Monte Vista Road, Poway, CA 92064 (858) 673-17,56 • wtuu.countrymontessori.org City of Poway Development Services Department Ms. Oda Audish, AICP Associate Planner 13325 Civic Center Drive Poway, CA 92064 May 4, 2005 Dear Ms. Audish: This letter is written to provide you with details regarding the request for Extension of Time for CUP 91.08M(3), which will expire June 5, 2005, for Country Montessori School (CMS). As noted on our request form, in order to maintain an active CUP while processing our request for Modification to the CUP we must request this Extension of Time. As described in your March 31, 2003 letter to Gary Saner (past Board President), on June 4, 2002, the City Council approved a modification of our CUP and included the June 5, 2005 "termination" date with the understanding that if CMS wanted to stay longer than that date we would need to establish a plan for permanent buildings. The City has, in the past, felt that CMS continued with "temporary" fixes to the problem of school growth. CMS was requested to submit a Business Plan to demonstrate how we would establish permanent buildings, take into account future enrollment needs of the school, and indicate how the improvements will be financed and the timeframe for accomplishing these goals. CMS was also to address the need for a noise wall, traffic issues, and neighborhood meetings. In a genuine effort to provide the above information to the City of Poway we have taken several major steps over the past two years. Initially our Board of Directors continued to search for any possible alternate sites in the area that would be suitable for our needs and allow us to grow without the current restrictions we are under. Much time and effort was spent seeking out available property. Our current Board President, David Sheehan, also contacted the City of Poway in the event a property "trade" was available, but that was not available to us at that time. It appeared that there were no suitable alternate sites. RECEIVED 30 of 32 ATTACHMENT F May 31, 2005 Item # 5 It was determined that remaining at our current location and limiting enrollment to 195 or fewer students was our best alternative. With this in mind, CMS hired a well known professional architectural firm, Dominy and Associates, to survey our current site and identify how we could best use the property and build in phases that would allow current business operations to continue. This has been accomplished and our plans and drawings have been submitted to you. Along with the architectural services just described, we also contracted with a professional consulting company to provide project management services for our project. RDK Consulting has been assisting us with the coordination of the many requirements, traffic study, and site and geological surveys associated with the building plans. RDK Consulting has been in contact with you regarding our CUP application throughout the process. At the same time that this work was being done, our Board of Directors continued working on revisions of the CMS Business Plan. A completed Business Plan was given to you in February of this year, as a portion of our CUP submittal. As requested in your letter to us dated March 15, 2005, we are continuing with our work that will allow us to provide an update to that Business Plan with additional details regarding funding for both Phase I and 2 as well as more specifics on the scope of Phase 2. Regarding the issues of neighborhood concerns, CMS holds an open house each fall for neighbors to come and discuss any issues. We also held a neighborhood meeting on March 31, 2005 to specifically address concerns regarding our plans to remove two buildings and build a new one on our property. Two neighbors attended that meeting and we have noted their comments. As we proceed with our plans we will be sure to consider what they shared with us. The current status of our CUP submittal is "incomplete ". The only outstanding items are the Standard Urban Stormwater Mitigation Plan (SUSMP), which we have verbally requested to postpone until the construction phase, and one portion of the traffic study, which cannot be completed until Pomerado Hospital completes their traffic study in connection with their future building plans. As indicated above, CMS has made every effort to comply with the City of Poway during this process. Despite the fact that CMS is a small, non -profit school with a Board of Directors comprised of volunteers, we have been able to raise and expend considerable funds for the architect and consultant fees, the City fees, and the various studies and surveys associated with our building plans. We, collectively, have put in many hours of hard work to provide the necessary research and vision for a strong future for our children here at Country Montessori School. We trust that the City will see our efforts as genuine and diligent. As explained in our letter to Mayor Cafagna, dated April 1, 2005, in addition to pursuing our redevelopment plans, we have also decided to initiate a dialogue with the city's Redevelopment Department to determine the feasibility of selling our property and 31 of 32 May 31, 2005 Item # 5 relocating our school. We will be meeting with Jim Bowersox, City Manager, on Monday, May 9, 2005. Some of the additional financial information needed for our Business Plan update will be shared with him at that time. In order to further these discussions with the Redevelopment Department and allow us time to consider other locations for our school, we respectfully request that the City Council grant a one year extension of the Conditional Use Permit, which currently expires on June 5, 2005. If you have any questions, please feel free to contact me at 858- 673 -1756 x102. Sincerely, Gail Van Berkel Administrator 32 of 32 May 31, 2005 Item #5