2020-050 Appeal Waldorf School RESOLUTION 2020-50
A RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL DENYING
FOUR APPEALS FILED BY MANOLO TURNER, GLEN JOHNSON, CARMEN
NESPOR AND STEVE GERKEN AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION APPROVING A MAJOR USE PERMIT, DESIGN
REVIEW PERMIT, PARCEL MAP WAIVER, COASTAL DEVELOPMENT
PERMIT AND RECIRCULATED MITIGATED NEGATIVE DECLARATION TO
ALLOW THE DEMOLITON OF AN EXISTING RESIDENCE, CONSOLIDATION
OF FOUR EXISTING LOTS INTO ONE LOT, AND CONSTRUCTION (TWO
PHASES) AND OPERATION OF A PRE-KINDERGARTEN THROUGH 8T"
GRADE PRIVATE SCHOOL, AUTHORIZATION OF A WETLAND BUFFER
RANGING IN WIDTH FROM 32 TO 59 FEET, ASSOCIATED SITE
IMPROVEMENTS AND A TEMPORARY CONSTRUCTION TRAILER FOR THE
PROPERTY LOCATED AT 749 MAYS HOLLOW LANE
(CASE NO. MULTI-002885-2016, SUB-002897-2016, USE-002898-2016, DR-
002896-2016 & CDPNF-002916-2016 (16-165 MUP/DR/PMW/CDP); APN: 257-
020-28, -29, -30 & -31)
WHEREAS, Waldorf in North Coastal, Inc. submitted an application for the demolition of
an existing residence, consolidate four existing legal lots into one lot, construction and operation
of a Pre-Kindergarten thru 8' grade private school with a maximum capacity of 270 students
throughout eight new buildings, associated grading and landscape improvements, a wetland
buffer ranging in width from 32 to 59 feet, and a temporary construction trailer, located at 749
Mays Hollow Lane, legally described in Exhibit A;
WHEREAS, the Planning Commission conducted duly noticed public hearings on April
4, 2019 and April 16, 2020;
WHEREAS, the Planning Commission approved Case Nos. MULTI-002885-2016, SUB-
002897-2016, USE-002898-2016, DR-002896-2016 & CDPNF-002916-2016 (16-165
MUP/DR/PMW/CDP) with conditions via Revised Resolution No. PC 2019-13;
WHEREAS, the appellants, Manolo Turner, Carmen Nespor, Glen Johnson, and Steve
Gerken filed separate timely appeals received by the City on April 15, 2019 (Turner, Nespor,
Johnson) and April 27, 2020 (Amended Turner, Nespor, Johnson and new Gerken); and
WHEREAS, the City Council conducted a duly noticed public hearing on June 29, 2020,
for the appeals pursuant to Chapter 1.12 (Appeals) of the Encinitas Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas
hereby DENIES all four appeals and hereby UPHOLDS the decision of the Planning Commission
to approve Case Nos. MULTI-002885-2016, SUB-002897-2016, USE-002898-2016, DR-002896-
.2016 & CDPNF-002916-2016 (16-165 MUP/DR/PMW/CDP) with the Recirculated Mitigated
Negative Declaration through the adoption of Revised Resolution No. PC 2019-13 on April 16,
2020 for the following reasons:
1. The project is consistent with the General Plan, Municipal Code, Local Coastal Plan,
Design Guidelines, the Subdivision Map Act, and all development standards of the R-3
zone have been met; and
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2. The appeal lacked evidence to substantiate the claims.
PASSED, APPROVED AND ADOPTED this 291h day of June, 2020, by the City Council of
the City of Encinitas, State of California
b�'�--
Catherine S. Blakespear, Mayor
ATTEST:
Kathy Holl ood, Clerk
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
APPROVED AS TO FORM:
ie E. De ey, City Atteeby
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby certify
under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the
City Council on the 29th day of June, 2020 by the following vote:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NOES: None
ABSTAIN: None
ABSENT: None
Kathy Hollywood, Cit Clerk
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EXHIBIT"A"
Resolution No. 2020-50
Case Nos. MULTI-002885-2016, SUB-002897-2016, USE-002898-2016, DR-002896-2016 &
CDPNF-002916-2016 (16-165 MUP/DR/PMW/CDP)
LEGAL DESCRIPTION
PARCEL A:
PARCEL 1, 2 AND 3 OF PARCEL MAP NO. 13368, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JULY 9, 1984 AS FILE NO. 84-257142 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 13368, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1984 AS FILE NO.
84-257142 OF OFFICIAL RECORDS, DELINEATED AND DESIGNATED AS "PROPOSED
PRIVATE ROAD AND UTILITY EASEMENT ON SAID PARCEL MAP.
PARCEL C:
AN EASEMENT FOR INGRESS AND EGRESS AND ROAD PURPOSES OVER, ALONG AND
ACROSS THE NORTH 28.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF
PARCEL MAP NO. 13368, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 9, 1984 AS FILE NO. 84-257142 OF OFFICIAL RECORDS.
AND
PARCEL A:
PARCEL 4 OF PARCEL MAP NO. 13368, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JULY 9, 1984 AS FILE NO. 84-257142 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, ALONG AND ACROSS THE
NORTH 28.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF.
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EXCEPTING THEREFROM THAT PORTION LYIING EASTERLY OF THE WESTERLY LINE OF
PARCEL MAP NO. 13368.
THE EASEMENT HEREIN DESCRIBED IS APPURTENANT TO AND FOR THE USE AND
BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCEL
A ABOVE.
PARCEL C:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
THAT PORTION LYING WITHIN PARCEL MAP NO. 13368,AS DESIGNATED AND DELINEATED
AS "PROPOSED PRIVATE ROAD AND UTILITY EASEMENT".
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