Res P-07-29
RESOLUTION NO. P-07-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-08M(7),
ASSESSOR'S PARCEL NUMBER 275-460-62
WHEREAS, on June 4, 2002, the City Council approved by Resolution W-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 $tudents
to 195 students in conjunction with an existing legally established school use, !Country
Montessori School, located at 12642 Monte Vista Road in the Commercial Office (CO)
zone; and
WHEREAS, on May 31, 2005, the City Council approved by Resolution fI'-0541,
a request to modify the Condition of Approval contained in Section 10 of Resolution
P-02-30 to allow the school an additional year to identify funding sources for the School
Master Plan; and
WHEREAS, on June 6, 2006, the City Council approved by Resolution fI'-06-30,
a request to modify the Condition of Approval contained in Section 4 of Resolution
P-05-41 to allow the school an additional year to pursue purchasing another property for
the relocation of the school; and
WHEREAS, a request has been submitted to modify the Condition of ,4.pproval
contained in Section 4 of Resolution P-06-30 to allow the school two additional years to
complete the purchase of the property, obtain required permits, and build a school
campus at the new site; and
WHEREAS, on June 19, 2007, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City df Poway
as follows:
Section 1: The proposed project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3), in that the granting of an extension would
not cause a significant effect on the environment and will not result in an inten$ification
of the use of the site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for CUP 91-08M(7) to allow the School two additional years to develop
an on-site or off-site 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
Resolution No. P-O~-29
Page 2
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, desi~n, and
operating characteristics of the existing school use, which will be compatible with
and will not adversely affect or be materially detrimental to adjacer1lt uses,
residents, buildings, structures, or natural resources.
C. The proposed time extension would not affect the existing harmony itl scale,
bulk, coverage and the 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.
E. The proposed time extension would not have a harmful effect upon qesirable
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 the affect suitability of the existing school
development to the site.
H. The proposed time extension would not affect the use of hazardous ma~rials or
processes, nor does it affect any natural resources. Therefore, there wi,1 not be
significant harmful effects upon environmental quality and natural resouraes.
I. The proposed time extension would not affect other relevant negative irT1pacts of
the proposed use that cannot be mitigated.
J. The proposed time extension would not affect the existing location, sizel 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, $afety or
welfare, or materially injurious to properties or improvements in the vicilnity, nor
be contrary to the adopted General Plan.
K. The proposed time extension would comply with each of the all>plicable
provisions of Title 17 of the Poway Municipal Code.
Section 3: The City Council hereby approves Conditional Use Permit 91-0l.\M(7), to
modify the Condition of Approval, contained in Section 4 of Resolution P-Q6-30, to
extend the date for the use to cease to June 23, 2009, involving the existing Country
Montessori School located at 12642 Monte Vista Road, within the Commercial Office
zone, subject to the following conditions:
A.
B.
I
Resolution No. P-0~-29
Page 3
Approval of this modification shall apply only to the subject project and $hall not
waive compliance with all sections of the Zoning Ordinance, and all other
applicable City Ordinances.
Within 30 days of the date of this approval: (1) the applicant shall s~bmit in
writing that all Conditions of Approval have been read and understood; land, (2)
the property owners shall execute a Covenant Regarding Real Property. ;
C.
The use conditionally granted by this approval shall not be conducted i~ such a
manner as to interfere with the reasonable use and enjoyment of surrlounding
commercial uses.
D.
The conditions of this CUP shall remain in effect for the life of the Subje~ private
school and shall run with the land and be binding upon future !owners,
successors, heirs, and transferees of the current property owner.
E.
Conditional Use Permit 91-08 shall be reviewed annually by the City C~uncil to
review, at a minimum, noise, traffic and the school's progress in finding a new
location for the school.
Any changes in the approved use of the buildings, including, but not li~ited to,
the number of students, will require the approval of a modificationl to this
Conditional Use Permit. Depending upon the scope of such change~, at the
discretion of the Director of Development Services, said modification Imay be
processed administratively or may be referred to the City Council for a public
hearing.
Section 4: The conditions of Resolution P-02-30 shall remain in effect, exqept that
CUP 91-08 shall be the subject of a public hearing to revoke the Permit, so thel use will
cease no later than June 23, 2009, unless the City Council approves a modifi$ation to
the Permit extending the date for the use to cease.
F.
PASSED, ADOPTED and APPROVED by the City Council of the City ofl Poway,
State of California, this 19th day of June 2007.
;;ss .
L. Diane Shea, City Clerk
!
,
Resolution No. P-07-29
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, u~der the
penalty of perjury, that the foregoing Resolution No. P-07-29, was duly adopte~ by the
City Council at a meeting of said City Council held on the 19th day of June 2Q07, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFA(3NA
NOES: NONE
ABSEN~ NONE
DISQUALIFIED: NONE
~~.~
L. D' ne Shea, City Clerk
City of Poway