Res P-05-41
RESOLUTION NO. P-05-41
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.
Resolution No. P-05-41
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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.
I. 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.
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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.
/
ATTEST:
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Resolution No. P-05-41
Page 4
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-41, was duly adopted by the
City Council at a meeting of said City Council held on the 31st day of May 2005, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway