1994-14RESOLUTION NO. PC-94-~4
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ENCINITAS
APPROVING A MAJOR USE PERMIT MODIFICATION
FOR THE RHOADES SCHOOL TO ALLOW THE FOLLOWING:
(~) TO PERMIT WORKSHOPS FOR PAREIqTS/EDUCATORS
ON SATURDAYS BETWEEN THE HOURS OF 9~00 AM
TO $~00 PM WITH THE WORKSHOPS TO BE HELD INDOORS WITH
NO OUTSIDE ACTIVITIES TO BE CONDUCTED. (2) OCCASIONAL USE
OF THE COURTYARD AREA ON SATURDAYS BETWEEN
$~00 PM TO S~00 PM FOR DINING WITHIN THE COURTYARD WITH
OUTDOOR LIGHTING TO BE TURNED OFF BY S:30
PM AFTER SUCH USEr AND; (3) AN INCREASE IN STUDENT
ENROLLMENT FROM 250 TO 260.
(CASE NO. 94-085 MUP/MOD; APN: 259-191-02)
WHEREAS, The Rhoades School / Jeff Nolan applied for a Major
Use Permit Modification pursuant to Chapter 30.74 (Use Permits) of
the Municipal Code of the City of Encinitas to modify Major Use
Permit No. 89-042 (Planning Commission Resolution No. PC-89-34),
and;
WHEREAS, the property is located at 141 South Rancho Santa Fe
Road, and legally described as follows:
THE NORTHWESTERLY 173.90 FEET (MEASURED ALONG THE
NORTHEASTERLY LINE) OF BLOCK OR LOT 13 IN THE COLONY OF
OLIVENHAIN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 326, FILED IN
THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, TOGETHER
WITH THAT PORTION OF THE EASTERLY HALF OF "D" STREET AS
VACATED AND CLOSED TO PUBLIC USE ADJOINING BLOCK 13 ON THE
WEST; AND AS MORE PARTICULARLY DESCRIBED IN THE GRANT DEED
RECORDED AS DOCUMENT $1993-0155006 ON MARCH 12, 1993.
WHEREAS, a public hearing was conducted on July 12, 1994 by
the Olivenhain Community Advisory Board; and,
WHEREAS, the Planning Commission conducted a Public
Hearing on the application on August 11, 1994 and considered
without limitation:
1. The Olivenhain Community Advisory Board's recommendation;
The Agenda Reports for the July 12, 1994 Olivenhain CAB
meeting and the. August 11, 1994 Planning Commission
meeting;
The adopted General Plan, Zoning Code and associated Land
Use Maps;
4. Oral Evidence received at the Public Hearings;
Written evidence submitted with the application and one
sheet showing the Site Plan of the property (dated
received by the City on June 2, 1994) which were made
available for public review and distributed to the
Community Advisory Board and the Planning Commission
prior to their Public Hearings; and
W~ER~S, the Planning Commission made the required findings
pursuant to Chapter 30.74.070 of the Encinitas Municipal Code:
(See Exhibit "A")
NOW THER~IOR~, BP IT R~SOL¥~D that the application for Major
Use Permit Modification No. 94-085 is hereby approved subject to
the following conditions:
A. STANDARD CONDITIONS:
This approval will expire on August 11, 1996, two years
after the approval of this project, unless the conditions
have been met or an extension of time has been approved
pursuant to the Municipal Code.
This approval may be appealed to the City Council within
15 calendar days from the date of this approval.
Ail Conditions of Approval related to Major Use Permit
89-042 as specified byPlanning Commission Resolution No.
PC-89-34 shall remain in effect for this use except as
amended by thefollowing:
(a) This approval permits Workshops for
parents/educators on Saturdays between the hours of
9:00 am to 5:00 pm. Workshops to be held indoors
with no outside activities to be conducted, and;
(b) Occasional use of the courtyard area on
Saturdays between 5:00 pm to 8:00 pm for dining
within the courtyard. Outdoor lighting shall be
turned off by 8:30 pm on Saturdays after such use,
and;
(c) An increase in student enrollment from 250 to
260.
In the event that any of the conditions of this permit
are not satisfied, the Community Development Department
shall cause a noticed hearing to be set before the
authorized agency to determine why the City of Encinitas
should not revoke this permit.
BE IT FURTHER RESOLVED that the Planning Commission, as Lead
Agency and in its independent judgement, finds this project to be
exempt from Environmental Review pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) since no expansion of
existing facilities or structures is proposed.
PASSED AND ADOPTED this llth day of August 1994, by the
following vote, to wit:
AYES:
Jacobson, Lanham, Patton, Rotsheck,
NAYS: None
ABSENT: None
ABSTAIN: None
Lester Bagg, Chairman of
the Planning Commission,
City of Encinitas
ATTEST:
~andra L. Holder, Secretary
E~'~IBIT
RESOLUTION NO. PC-94-14
Findings Pursuant to
Chapter 30.74.070 (Use Permits)
of the Encinitas Municipal Code:
1. The location, size, design and operating characteristics
of the proposed project will be compatible with and will not
adversely affect and will not be detrimental to adjacent uses,
residences, buildings, structures or natural resources, with
consideration given to, but not limited to:
ao
The adequacy of public facilities, services and utilities
to serve the proposed project;
be
The suitability of the site for the type and intensity of
use or development which is proposed; and
Ce
The harmful effect, if any, upon environmental quality
and natural resources of the City.
Facts: The application is a request for modification of a
Major Use Permit to allow for an increase in the number of
enrolled students and for certain indoor and outdoor
activities on Saturdays.
Discussion: Ail public facilities and utilities have been
extended to the site in conjunction with its approved use.
During the operation of the site as an approved Private
School, the City has received no complaints regarding
suspected non-compliance to the Conditions of Approval for the
original Major Use Permit.
Conclusion: Therefore, the Planning Commission finds that the
site has adequate facilities, services and utilities. In
addition, the use is found to have minimal impact on adjoining
residential property to the east due to a maturing landscape
buffer, the presence of an earthen berm and a block wall
(approximately 15 feet in height when measured from the
playing field) along the east property line, and the distance
of the outdoor courtyard from adjoining property.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the provisions
of the Municipal Code; and
3. The project complies with all other regulations,
conditions or policies imposed by the Municipal Code.
Facts: Private Schools are allowed in the RR-2 Zoning
District with a Major Use Permit.
Discussion: The use of the property for a Private School
during the past several years demonstrates the suitability of
the site for the type and~intensity of the use due to the fact
that the City has not received any significant complaints from
neighboring property owners during the past operation of the
use.
Conclusion: The Commission finds .that the. Private School Use
and the activities approved herein are appropriate for this
particular location, and the proposed project is compatible
with the General Plan and Zoning standards since the past
history of the site and activities indicates that no adverse
impacts have occurred to adjoining property owners. Further,
the Commission finds that the project, as conditioned,
complies with all other regulations, standards and policies of
the General Plan and the Municipal Code.