Res P-02-30RESOLUTION 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 mod 'lhin the 10-foot side yard setback area and
increase the permitted student capacity from 165 students to 195 students in
th an existing legally established school use located at 12642 Monte Vista
Road in the C 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
follows:
Section 1: The proposed project is Categorically Exempt from the California
E Iai 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
th : 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 mod are made as follows:
There is a special 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 th property line that is adjacent 1 ly zoned property is
more '" 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.
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.
Resolution No. P-02-30
Page 2
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 office.
Granting the Variance would not constitute a special privilege ' with
other properties in the area since other properties in the same zone have been
built to equal setbacks.
Granting the V Id not constitute a :y that is ' l or
incompatible with surrounding properties since the modular will be
consistent with the other properties in th :1 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 and expand the
permitted student capacity from 1§5 to 195 students, are as follows:
The proposed modular would be located on an existing school
campus. The 1,440-square-foot is appropriate for the use and
location. The design of the 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 project 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.
The modular 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, or natural
The modular 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 ' ' ' l with adjacent uses.
D. There are public facilities,
:1 utilities available to the site.
The modular 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
Resolution No. P-02-30
Page 3
the appearance of the
Therefore, there will
characteristics.
be no
from the existing office building to the west.
harmful effect upon desirable neighborhood
The modular 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 '
with the circular I of the General Plan.
The modular 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.
The use involves no hazardous materials or processes nor does it affect any
natural Therefore, there will not be significant harmful effects upon
quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
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 :1 will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or imp in the
vicinity nor be contrary to the adopted General Plan.
The proposed use will comply with each of the applicable p ' ' :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 are made as
follows:
The mod I 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 :1 aesthetics to the benefit of the City.
The modular building is in ch ':h 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 h
appearance of and property within the City along with associated
facilities, such as but not limited to signs, landscaping, parking areas and streets.
Resolution No. P-02-30
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There are public facilities, services and utilities available. The addition of the
modular is an accessory structure to the existing school facility and is
considered a minor addition. Therefore, the proposed project does not detract
from the of the public health, safety and general welfare, and
property throughout the City.
The modular 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 publ for project aesthetics.
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.
The proposed project will comply with all of the provisions of the Zoning
Ord' :1 the General Plan with the approval of Variance 02-05.
Section 5: Pursuant to G I Code Section 66020, the public imp
for CUP 91-08M(3), DR 98-16M and VAR 02-05 are made as follows:
A. The design and imp 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 inf
imp which promote a safe and healthy l 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 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 C Office zone as shown on the plans dated April 30, 2002,
subject to the following conditions:
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.
Resolution No. P-02-30
Page 5
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.
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
uses.
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,
heirs, and 1 ~ : the current property owner.
Conditional Use Permit 91-08 shall be reviewed annually by the City Council to
review, at a ' ' noise, traffic and the school's progress in finding a new
location for the school.
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 d' "the
Director of Development Services, said modification may be processed
administratively or may be referred to the City Council for a public hearing.
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:
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 condil' :1 herein.
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 This shall be provided prior to occupancy of the
mod
The building plans shall show a fire alarm system for the modular
that is tied to the existing f' .vstem 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
The building plans shall note the location and design of an ovedap
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
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 of 6 feet in height. The
design and materials of the wall shall be to the satisfaction of the Director
of Development ~ ~ shall be shown on the Building Plans.
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
Iow-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.
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.
· S fee 4 *
* [(30 add'l 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 mit e 95 **
** 30 students X 1 trip/student X $66.00/trip X 0.25 = $495.00
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.
Approval of this request shall not :)liance with all sections of the
Zoning Ordinance, and all other applicable City Ordinances in effect at the
time of building permit issuance.
Prior to '
Certificate of Occupancy the applicant shall:
1. Plant additional shrubs along the western property line in the vicinity of the
modular to soften the appearance of the structure from the
adjacent office building to the satisfaction of the Director of Development
Services.
The applicant shall develop to the satisfaction of the Director of Development
Services a traffic control plan that will eliminate to the extent
feasible the queuing of cars on the public street west of the ~
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 mod ;)on establishment of its use:
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.
All existing lighting fixtures shall be :1 such that they reflect light
downward, away from any road or street, and away from any adjoining premises.
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.
The owner or operator of the facility shall routinely and regularly inspect the site
31lance 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 for a of 30 additional
students shall expire on June 4, 2004, at 5:00 p.m. unless, prior to that time, use of the
mod h ,1.
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 the City Council approves a modification to the permit
extending the date for the use to cease.
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:
nne Peoples, City Clerl~
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
L-ori ~nne Peoples, City Clerk
City 6f Poway
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