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Res P-09-17 RESOLUTION NO. P-09-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91-0SM(S), ASSESSOR'S PARCEL NUMBER 275-460-62 WHEREAS, on June 30, 1995, the City Council approved a Modification to the Country Montessori Conditional Use Permit (CUP) 91-0SM(2) to increase the maximum enrollment from 150 students to 165 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 approved by Resolution P-02-30, Conditional Use Permit 91-0SM(3), Development Review 9S-16M and Variance 02-05 to allow the installation of a 1,440-square-foot, modular classroom within the 10-foot side yard setback area and increase the permitted capacity from 165 students to 195 students for the School. A June 4, 2005, expiration date for the CUP was established to direct the school to either find a permanent onsite solution to its growth or build a school on a new site.; and WHEREAS, on May 31, 2005, the City Council approved by Resolution P-05-41, a request to modify the condition of approval contained in Section 10 of Resolution P-02-30 for a one-year CUP extension to allow the school to identify funding sources for the School Master Plan; and WHEREAS, on June 6, 2006, the City Council approved by Resolution P-06-30, a request to modify the condition of approval contained in Section 4 of Resolution P-05-41 for a one-year CUP extension to allow the school to pursue purchasing another property for the relocation of the school; and WHEREAS, on June 19, 2007, the City Council approved by Resolution P-07-29, a request to modify the condition of approval contained in Section 4 of Resolution P-06-30for an extension of time until June 23, 2009, to allow the school to complete the purchase of the property, obtain required permits, and build a school campus at the new site; and WHEREAS, the City has received a request by Country Montessori School to modify CUP 91-0S; and WHEREAS, on June 16, 2009, 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 of Poway as follows: Resolution No. P-09-17 Page 2 Section 1: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, in that the modification would result in a reduction in the intensity of the existing school use of the site. Section 2: The findings, in accordance with Section 17.4S070 of the Poway Municipal Code, for CUP 91-0SM(S), are made as follows: A. The reduction in student enrollment and removal of a modular building are in accord with the title and purpose of Section 17.4S.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 reduction in student enrollment and removal of a modular building 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 reduction in student enrollment and removal of a modular building would not affect the existing harmony in scale, bulk, or coverage, and the density of the project is consistent with adjacent uses. D. The reduction in student enrollment and removal of a modular building would not affect existing public facilities, services and utilities at the site. E. The reduction in student enrollment and removal of a modular building would not have a harmful effect upon desirable neighborhood characteristics. F. The reduction in student enrollment and removal of a modular building would not negatively affect the capacity and physical character of surrounding streets, and the project is consistent with the circulation element of the General Plan. G. The reduction in student enrollment and removal of a modular building would not the affect suitability of the existing school development to the site. H. The reduction in student enrollment and removal of a modular building 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. L The reduction in student enrollment and removal of a modular building would not affect other relevant negative impacts of the proposed use that cannot be mitigated. Resolution No. P-09-17 Page 3 J. The reduction in student enrollment and removal of a modular building would not negatively 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 reduction in student enrollment and removal of a modular building 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 91-0SM(S), to reduce the maximum enrollment from 195 students to 165 students for the Country Montessori School located at 12642 Monte Vista Road, within the Commercial Office zone, subject to the following conditions: A. Approval of this modification shall apply only to the subject project and shall not waive compliance with all sections of the loning Ordinance, and all other applicable City Ordinances. 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. 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 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 91-0S may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the prior year that have not been resolved. F. Any changes in the approved use of the buildings, 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. Resolution No. P-09-17 Page 4 G. The existing 1,440-square-foot temporary classroom building located along the west property line shall be removed within 90 days ofthe date of this Resolution. H. No new structures and no replacement structures will be allowed in the access easement located along the southerly property line without the written authorization of easement holders. I. In conjunction with any future requests to modify Conditional Use Permit 91-0S, the applicant shall process a vacation of the existing access easement along the southerly property line. Section 4: The following performance standards shall apply to the school. 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 S.OS 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. 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. F. The drop-off and pick-up of students shall be conducted in accordance with City- approved traffic control plan to eliminate, to the maximum extent feasible, the queuing of cars on the public street west of the westernmost driveway. G. All landscaping onsite and within the adjacent public right-of-way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. 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. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSIA300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. Resolution No. P-09-17 Page 5 Section 5: Resolution P-07-29 approving CUP 91-0SM(3), DR 9S-16M and VAR 02-05 for the addition of a 1,440-square-foot, modular classroom for a maximum of 30 additional students is hereby rescinded. Section 6: The conditions of Resolution No. P-9S-39 shall remain in effect except as modified in this resolution. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of June 2009. 0a-0- ~ f~ ~ Don Higginson, Mayor .v ATTEST: -- STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No.P-09-17, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of June 2009, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: REXFORD DISQUALIFIED NONE - Li a ,. Troyan, MMC, Ci y Clerk City otPoway M:\planning\09report\cup\91-08M8 Country Montessori\res.docx