Loading...
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 Page 4 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 m:\planning~