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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.