May 7, 2024, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 7, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /IA.
Hector Salgado, Senior Planner \.,L)
858-668-4656 or [email protected]
CITY COUNCIL
Conditional Use Permit (CUP) 22-0007, a request to amend CUP 13-005 to Increase the Allowable Student Enrollment of an Existing School at 12642 Monte Vista Road in the Commercial Office (CO) Zone and Determination that the Project is Exempt from CEQA review
Country Montessori School of Poway is requesting to amend CUP 13-005 to allow its enrollment to increase from 165 to 195 students. The school is located at 12642 Monte Vista Road in the CO zone.
The increased number of students would be accommodated within the existing classrooms.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the resolution (Attachment A) approving CUP 22-0007.
Discussion:
The applicant is Adela Corrales, Head of School representing the Country Montessori School. The property owner is Country Montessori School of Poway. The subject property is located at 12642 Monte Vista Road in the CO zone (Attachment B). Surrounding land use consists of a medical office complex to the west, an office complex and vacant parcel to the north, a memory care facility to the east, and a single-family residential development to the south.
In 1991 the Country Montessori School received approval of CUP 91-08 to continue school operation at its Monte Vista Road location for up to 150 students and to add two modular classroom buildings.
Up until then the school had been operating out of an existing 4,200-square-foot building that had been converted from a single-family residence to classrooms. In 1998 the school received City Council approval of a modification to the CUP to allow the student enrollment to increase up to 165 students and to install a new modular classroom building. Considering the school was using three modular buildings and concerns about neighborhood compatibility, the City Council included a condition of approval that no more than the three modular buildings should ever be allowed at this school and 1 of 10
May 7, 2024, Item #9
that any replacement of these buildings would have to be with conventional construction.
In 2002, the school needed more capacity. A request was submitted and received City Council approval for another expansion to allow up to 195 students and the installation of an additional 1,440-square foot temporary modular classroom. However, the City Council established a 3-year time limit on the school's CUP with the intent to direct the school to develop a business plan for a permanent solution to address its growth by either constructing permanent facilities onsite or by building a school on a new site. There had also been on-going complaints from the neighborhood about the school's operations regarding traffic, parking, noise, and lighting.
Over the next few years, the City Council granted three separate time extensions, to allow the Country Montessori School additional time to find a permanent solution. The school purchased a property on 9th Street and received City approvals in 2007 to establish a new school campus at the new location.
However, anticipated funding to construct the school did not materialize, and the school had to abandon the plan to build a new school at the 9th Street location and sold the property.
On June 16, 2009, the City Council approved a request from the school to modify CUP 91-08 to remove the time limit on the CUP so they could stay at their Monte Vista Road location on a permanent basis.
In return, the school reduced the allowable student enrollment back to 165 students and removed the temporary classroom that had been installed in 2002. The school had also been taking measures to address neighborhood complaints, and by 2009, the City had not received any complaints about the school in the prior five years.
In 2013, the school requested and received staff-approval of a minor modification to CUP 13-005 and a Minor Development Review Application (MORA) 13-004 to demolish the existing 4,200-square-foot classroom building and construct a new 3,973-square-foot classroom building. The approval also included the installation and maintenance of a temporary 2, 160-square-foot classroom building to be used while the new classroom building was under construction. The enrollment would remain at 165 students. The new classroom was completed in 2014 and the temporary classroom was subsequently removed.
The school is currently requesting that its allowable enrollment be increased from 165 to 195 students. The school has seen significant increase in students over the past few years and would like to have more capacity available for new students. The additional students can be accommodated using the existing classroom and other campus facilities. No temporary buildings remain on the site.
It has been estimated the additional 30 students would result in an increase in 44 additional trips. The school submitted a traffic memo outlining how the additional trips will be addressed by extending and staggering the morning arrival and afternoon dismissal process. Both the parking lot and the designated loading/unloading zone curb on Monte Vista Road will continue to be used at arrival and dismissal times. Teachers will also continue to assist in the loading and unloading of the students to keep the flow of cars moving and to keep students safe. Attachment C shows the school site and designated drop-off and pick-up areas.
Neighborhood Meeting:
A neighborhood meeting was held on February 27, 2024, to allow owners and occupants within 500 feet of the site to learn about the project, ask questions, and provide comments. Only representatives for Country Montessori School were in attendance.
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May 7, 2024, Item #9
Environmental Review:
The project is Categorically exempt from the California Environmental Quality Act (CEQA), as a Class 14 Categorical Exemption, pursuant to Section 15314 of the CEQA Guidelines, which exempts minor additions to schools where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. This project involves the increase of approximately 19 percent of the currently allowed student attendance and would be accommodated within the existing classrooms.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain of April, 25, 2024. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
Reviewed/Approved By:
Assistant City Manager
3 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
cetW2
City Manager
May 7, 2024, Item #9
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 22-0007, A MODIFICATION OF CONDITIONAL
USE PERMIT (CUP) 13-005 TO INCREASE IN THE ALLOWABLE
ENROLLMENT AT A SCHOOL FROM 165 TO 195 STUDENTS;
ASSESSOR PARCEL NUMBER 275-460-62
WHEREAS, Conditional Use Permit (CUP) 22-0007, submitted by Adela Corrales (Applicant) and Country Montessori School of Poway, LLC (Owner), a request to amend CUP13- 005 to increase the allowable enrollment of an existing school located at 12642 Monte Vista Road in the Commercial Office (CO) zone from 165 to 195 students. The increase would be accommodated within the existing classrooms and other campus facilities; WHEREAS, on May 7, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including attachments, and has considered other evidence presented at the public hearing; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: The project is Categorically exempt from the California Environmental Quality Act (CEQA), as a Class 14 Categorical Exemption, pursuant to Section 15314 of the CEQA Guidelines, which exempts minor additions to schools where the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less.
This project involves the increase of approximately 19 percent of the currently allowed student attendance and would be accommodated within existing classrooms.
SECTION 3: The findings, pursuant to Section 17.48.070 of the PMC, to approve CUP 22-0007 to increase the allowable enrollment at the Country Montessori School from 165 to 195 students, are made as follows:
A The location, size, design, and operating characteristics of the proposed increase in student enrollment are in accordance with the title and purpose of PMC Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and standards of the City.
B. The location, size, design, and operating characteristics of the proposed increase in student enrollment will be compatible with and will not adversely affect or be materially detrimental to, adjacent uses, people, buildings, structures, or natural resources. The proposed additional student enrollment can be accommodated within existing classrooms 4 of 10 ATTACHMENT A
May 7, 2024, Item #9
and other school campus facilities.
Resolution No. 24-
C. The proposed increase in student enrollment is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses in that the additional students will be accommodated within existing classrooms and other school campus. facilities.
D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed student increase.
E. There will not be a harmful effect upon the desirable neighborhood characteristics in that the proposed student increase will be accommodated within existing classrooms and other school campus facilities.
F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the additional traffic generated by the increased student enrollment will be minor and can be addressed by extending and staggering the morning arrival and afternoon dismissal according to a City approved circulation plan.
G. The site is suitable for the type and intensity of use or development in that the additional students will be accommodated in existing classrooms and other school campus facilities.
H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed additional students will be accommodated within a site that has been fully developed with an existing school campus and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed increased student enrollment that cannot be mitigated in that the facility will comply with operational standards established for the school.
J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed increased student enrollment 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 in that the proposed increased student enrollment will be contained within existing classrooms and other school campus facilities that are consistent with all development standards for the CO zone and will comply with operational standards set for the school.
K. The proposed modified conditional use will comply with all the applicable provisions of this Title, in that a school is a conditionally permitted use in the CO zone and has been designed and sited such that it will not result in significant visual impacts and will comply with operational standards set for the school.
SECTION 4: The City Council hereby approves CUP 22-0007, as shown on the approved plans incorporated herein by reference and on file in the Development Services Department, except as noted herein, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, 5 of 10
May 7, 2024, Item #9
Resolution
No.
24-
Page
3 including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge
, or
annul
this
development
approval
and
any
environmental
document
or
decision.
The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any claim
related
to
this
indemnification.
In
the
event
of
such
election,
applicant
shall
pay
all
of
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs.
In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
have the
authority
to
control
the
litigation
and
make
litigation
related
decisions,
including,
but
not
limited
to,
settlement
or
other
disposition
of
the
matter
. However,
the
applicant
shall
not
be
required
to
pay
or
perform
any
settlement
unless
such
settlement
is
approved
by
applicant.
B.
Approval
of
this
CUP
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.
This
CUP
approval
shall
be
in
substantial
conformance
with
the
approved
plans.
C.
Within
30 days
of
the
date
of
this
approval,
and
before
the
issuance
of
any
permit:
(1)
the
applicant
shall
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood;
and
(2)
the
property
owner
shall
execute
a
Covenant
Regarding
Real
Property
.
In
order
for
the
City
to
prepare
the
Covenant
the
applicant
must
first
submit
a
legal
description
of
the
subject
site.
D.
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.
E.
The
conditions
of
CUP
22-0007
shall
remain
in
effect
for
the
life
of
the
subject
use
and
shall
run
with
the
land
and
be
binding
upon
future
owners
,
successors,
heirs,
and
transferees
of
the
current
property
owner
.
F.
CUP
22-0007
may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
operational
concerns
that
may
have
been
raised
during
the
prior
year.
G.
The
following performance
standards
shall
apply
to
the
school:
6 of
10 1.
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
PMC.
At
no
time
shall
equipment
noise
from
any
source
exceed
the
noise
standards
contained
in
the
PMC.
2. 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
.
3. No
loudspeaker
sound
amplification
system
shall
be
used
to
produce
sounds
in
violation
of
the
Noise
Ordinance
.
4. The
parking
areas
and
driveways
shall
be
well
maintained
.
5. 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.
May 7, 2024, Item #9
Resolution No. 24-
6. The drop-off and pick-up of students shall be conducted in accordance with City approved traffic control plan submitted with this application and on file with the City to eliminate, to the maximum extent feasible, the queuing of cars on the public street, especially west of the westernmost driveway.
7. 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 and the approved landscape plan for the property (LP 13-021 ). 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 (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface.
SECTION 5: The approval of CUP 22-0007 shall expire May 7, 2026, at 5:00 p.m., unless prior to that time the Covenant Regarding Real Property has been signed unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.
SECTION 6: Conditions of approval contained in Resolutions No. P-98-39 approving CUP 91-008M(2) and letter dated June 10, 2013 approving CUP 13-005 and MORA 13-004 are fully incorporated herein by this reference, except as modified herein.
SECTION 7: Resolution No. P-98-39 approving CUP 91-008M(2) and Development Review 98-16 for the increase of student enrollment to 165 students and installation of a modular classroom is hereby rescinded, effective upon recording of covenant.
SECTION 8: Resolution No. P-09-17 approving CUP 91-008M(8) for the removal of time limit and lowering the maximum student enrollment from 195 to 165 is hereby rescinded, effective upon recording of covenant.
SECTION 9: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
7 of 10
II
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II
II
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II
May 7, 2024, Item #9
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of May, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
8 of 10
May 7, 2024, Item #9
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