Special Notice / Hearing: 10-day notice: publication and 300-foot radius__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Director of Planning and Building
Subject: Consideration of an appeal of the Planning Commission’s decision to approve a Use Permit Renewal and Amendment, and a Fence Height Exception at 360 La Cuesta Drive in the unincorporated Ladera area of San Mateo County.
County File Number: PLN2000-00352 (Woodland School)
RECOMMENDATION:
title
Public hearing to consider an appeal of the Planning Commission’s decision to approve a Use Permit Renewal and Amendment, and a Fence Height Exception, pursuant to Sections 6500 and 6412.2, respectively, of the San Mateo County Zoning Regulations, for the continued operation of a private elementary school, expansion of operating hours, authorization to retain three existing tents, and the construction of a new fence, up to 6 feet tall, along the perimeter of the property for project located at 360 La Cuesta Drive in the unincorporated Ladera area of San Mateo County:
A) Open public hearing
B) Close public hearing
C) Deny the appeal and uphold the Planning Commission’s decision to approve the Use Permit Renewal and Amendment, and the Fence Height Exception, PLN2000-00352 (Woodland), for project located at 360 La Cuesta Drive in the unincorporated Ladera area of San Mateo County, by making the required findings and adopting the conditions of approval in Attachment A and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.
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BACKGROUND:
Proposal: The applicant is seeking approval of a Use Permit Renewal and Amendment, and a Fence Height Exception for the continued operation of a private elementary school. The applicant wishes to amend their Use Permit to: 1) expand their operating hours and 2) permit three temporary tents to remain as permanent fixtures. The applicant is also requesting a Fence Height Exception in order to construct a new 5- to 6-foot-tall fence (where 4 feet is the standard) along the perimeter of the property at 360 La Cuesta Drive in the unincorporated Ladera area of San Mateo County.
Applicant: Woodland School - Dr. Jennifer Warren, Head of School
Owner: Las Lomitas Elementary School District
Location: 360 La Cuesta Drive, Portola Valley, CA 94028
APN(s): 077-180-020
Parcel Size: 9.8 acres
Existing Land Use: Elementary School
Setting: Woodland School is located in a residential area, surrounded by single-family housing.
Chronology: The following is not intended to be a complete chronology but serves as a general overview.
Date Action
1953 - Ladera School constructed at the time of the Ladera Subdivision development.
April 6, 1979 - Use Permit (UP 1-79) approved to allow the use of the site for Charles Armstrong School, an elementary and high school.
June 1, 1984 - Use Permit (UP 84-8) approved by the Zoning Hearing Officer to allow a private elementary school (Woodland School) serving preschool through 8th grade students. Maximum enrollment of 250 students. Use Permit valid for five years with yearly inspection and review.
July 6, 1989 - UP 84-8 Renewal and Amendment approved by the Zoning Hearing Officer to allow the continued use of the school property for a private school and to increase the number of students from 250 to 325 students. Use Permit valid for five years until July 6, 1994, with an Administrative Review required in two years in July 1991.
July 20, 1995 - UP 84-8 Renewal approved by the Zoning Hearing Officer. Conditions of approval modified to address traffic conditions. Preparation, distribution, and implementation of a traffic plan now required. Use Permit valid for five years until July 20, 2000, with an Administrative Review required in two years in July 1997.
March 6, 1998 - Administrative Review completed. All conditions of approval met.
May 26, 2000 - UP 84-8 Renewal application (PLN2000-00352) submitted.
December 7, 2000 - Zoning Hearing Officer public hearing to consider the UP 84-8 Renewal. Zoning Hearing Officer continued the public hearing to allow time for the applicant to meet with concerned neighbors.
January 4, 2001 - UP 84-8 Renewal approved by the Zoning Hearing Officer. Conditions of approval modified to address traffic impacts. Use Permit valid for five years until December 7, 2005, with two Administrative Reviews required in December 2001 and December 2003.
December 2001 - Administrative Review did not occur in December 2001, because the Woodland School planned to amend its Use Permit and compliance would be discussed at the time of the Amendment hearing. The Woodland School submitted and subsequently withdrew its application.
December 2003 - Administrative Review. In September of 2003, correspondence from concerned neighbors and the Ladera Community Association (LCA) were received. Site visits confirmed School was inconsistently compliant with conditions related to traffic and parking. Therefore, the review was forwarded to the Planning Commission for a public hearing.
April 28, 2004 - Planning Commission public hearing to consider the UP 84-8 Administrative Review. The Planning Commission continued the public hearing to allow time for the School and the LCA to agree upon solutions to the problems the neighborhood was experiencing.
June 23, 2004 - Planning Commission public hearing to consider the UP 84-8 Administrative Review. The Planning Commission concluded the Administrative Review concurring with staff’s conclusions and suggestions that the conditions be modified at the next UP Renewal in December 2005.
September 6, 2005 - UP 84-8 Renewal and Amendment application submitted, including proposed modifications to the conditions related to traffic and parking, as agreed upon by the School and the Ladera Community Association.
July 26, 2006 - UP 84-8 Renewal and Amendment approved by the Planning Commission. Modifications to the conditions of approval were based on a joint agreement between the School and the LCA, and primarily related to traffic and parking. Use Permit valid for five years until July 26, 2011, with two Administrative Reviews required in May 2007 and May 2009.
May 7, 2007 - Administrative Review application submitted.
May 22, 2007 - Administrative Review completed. Compliance with conditions of approval verified.
March 9, 2009 - Administrative Review application submitted.
May 28, 2009 - Administrative Review completed. Compliance with conditions of approval verified.
June 16, 2010 - Building permit (BLD2010-00779) for the addition of a tuff shed for sports equipment storage was approved as a minor modification.
February 22, 2011 - Use Permit Renewal application submitted.
October 6, 2011 - Zoning Hearing Officer public hearing to consider the UP 84-8 Renewal. Zoning Hearing Officer continued the public hearing.
November 3, 2011 - Zoning Hearing Officer public hearing to consider the UP 84-8 Renewal. Zoning Hearing Officer continued the public hearing.
December 1, 2011 - Zoning Hearing Officer public hearing to consider the UP 84-8 Renewal. Zoning Hearing Officer continued the public hearing.
January 19, 2012 - UP 84-8 Renewal approved by the Zoning Hearing Officer. Use Permit valid for seven years until October 6, 2018, with two Administrative Reviews required in October 2013 and October 2016.
December 21, 2012 - Application received for UP 84-8 Renewal, Amendment, and a Grading Permit to expand the School facilities.
July 24, 2013 - UP 84-8 Renewal, Amendment, and Grading Permit approved by the Planning Commission. Use Permit valid for ten (10) years until July 24, 2023, with two Administrative Reviews required in July 2016 and July 2019.
- Approval allowed the addition of new campus facilities, and to continue operating as an elementary school for a maximum of 325 preschool to eighth grade students under the existing conditions of approval. There were seven components to the proposed facility expansion: (1) a new 5,120 sq. ft. building containing five classrooms; (2) installation of four modular classroom units (960 sq. ft. each) for use during construction of the new classrooms; (3) a new 11,526 sq. ft. gymnasium; (4) a new 3,726 sq. ft. administration building; (5) a new entrance canopy; (6) two new tensile structures for covered dining areas, and gravel roads/driveways for fire truck access and staff parking; and (7) grading in the amount of 4,038 cubic yards to complete the improvements. No increase in enrollment was approved. Improvements were only to accommodate existing students. No operational changes were requested or approved.
January 5, 2017 - Administrative Review completed. Compliance with conditions of approval verified.
October 11, 2017 - Minor modification request submitted to: 1) modify the design of the driveways, parking and ADA improvements to the existing parking lot; and 2) retain the four modular classrooms for the term of their lease. The classrooms were approved as temporary units to be removed when the new classroom building is granted a Certificate of Occupancy.
December 8, 2017 - Minor modification approved.
July 2019 - No record of required Administrative Review was found, this includes no record of County notifying the School that the Administrative Review was due and no record of application from the School for such review.
June 14, 2023 - Application received for UP 84-8 Renewal and Amendment to modify the school hours and retain three existing tents. No increase in enrollment has been requested.
March 7, 2024 - Request for a proposed fence and fence height exception received, and letter detailing updated amendments proposed.
March 8, 2024 - Letter received from Woodland School regarding new field access hours for the public and their decision to revert back to the design of the new driveway and parking lot improvements as approved by the Planning Commission on 07/24/2013 before the 12/08/2017 minor modification approval.
March 13, 2024 - Application deemed complete.
June 12, 2024 - Planning commission hearing and approval.
The County received a considerable number of comments from residents and property owners in the vicinity of the School, and from the Ladera Community Association. While several topics have been raised, the primary concerns raised include use of the outdoor playing fields, traffic and parking, the 2017 minor modification, drainage, vehicle parking on the grass field, and fire evacuation. See Section C of the Planning Commission staff report (Attachment H) for a detailed analysis of these issues. At the June 12, 2024, Planning Commission meeting, 31 speakers provided comments, both in support and in opposition of the project. The project was approved by the Planning Commission with all four (4) Commissioners present voting in favor of the project. One (1) Commissioner was absent.
DISCUSSION
On June 27, 2024, an appeal of the Planning Commission’s decision to approve the project was filed by Susanna Chenette (Appellant). The Appellant is appealing the terms and conditions of the approval based on points of controversy raised before the Planning Commission, such as traffic, parking, CEQA review, use of the recreational facilities on site, and expansion of operating hours. The Appellant is also the attorney representing “Ladera Taxpayers for Integrity in Governance” which filed a lawsuit against the school district regarding the public’s access rights to the recreation fields portion of the school site (Ladera Taxpayers for Integrity in Governance v. Las Lomitas Elementary School District, et al., 24-cv-02412-WHO); in early August, the district court dismissed the lawsuit and all claims against the school district. The Appellant believes that the approved 10-year renewal period for this Use Permit is not appropriate and that the permit should be subject to yearly renewal and review until the litigation is resolved. The Appellant is requesting the conditions of approval be amended as follows: 1) limit Woodland’s enrollment to 150 students; 2) reduce Woodland’s operating hours to what they were in its prior Use Permit; 3) limit Woodland’s fence to its leased property; and 4) require yearly renewal and review of the Use Permit. Please see attached appeal application (Attachment J) for details of the appeal.
A. KEY ISSUES OF THE APPEAL
Traffic
The Appellant believes the issue of traffic has not been appropriately addressed or conditioned.
To alleviate an influx of traffic in the neighborhood during a single start and dismissal time, the School encourages families to drop students off as early as 7:30 a.m. (school starts at 8:15 a.m.) and implements a staggered end to the school day, such that students are dismissed at three different times between
3:00 p.m. and 3:30 p.m.
The School creates a yearly calendar of events that aligns with the number and type of events specified in the Use Permit. The schedule is shared in August via the Ladera List-Serve. The School also shares this information with Woodland families, including an overview of parking guidelines for each event. This information is distributed multiple times in advance of the events to remind families of the expectations related to traffic and parking as outlined in the Use Permit for event and non-event days. In 2022, the School began using a shuttle service to provide transportation to campus from an off-site parking location for their largest family event of the school year.
The School has four paid employees wearing identifiable attire who direct traffic and parking during morning drop-off and afternoon-pick up. Additionally, the School has at least four adults monitoring parking during major and minor events. During morning drop-off and afternoon-pick up, an employee is stationed at the entrance to the School to monitor cars along La Cuesta Drive and safely stop traffic for school buses and individuals using the crosswalk. A second employee is stationed in the parking lot to keep traffic flowing. A third employee is stationed at the exit of the parking lot to ensure all cars turn right, to support traffic flow, and to allow individuals to safely cross in the crosswalk. The fourth employee is stationed at the beginning of the red curb to insure that cars do not idle and block the red curb.
Woodland has also prepared and implemented a trip reduction program with the goal of reducing the number of car trips to Woodland School each day. This has been achieved through:
• Sharing a Google map with families which includes the home location of each family who attends the School and encourages carpooling for those families in proximity to one another. This has resulted in 32 families (or 15 percent) carpooling.
• Allowing middle school students to be dropped off at the Ladera Shopper shopping center in the morning and walk up the hill for the start of the school day. This has resulted in 10-12 students (4 percent) being dropped off each morning at the Ladera Shopper.
• With signed parent permission, middle school students may check themselves out of school at the end of the day and walk to the Ladera Shopper to be picked up. This has resulted in over 80 percent of parents signing the consent form and an average of 30 students (10 percent) checking out each day and walking down to the Ladera Shopper.
• Five families (2 percent) located in proximity to Woodland walk to school.
• In the 2022-2023 school year, Woodland School had 216 families (305 students), and the trip reduction program resulted in a rough average of 185 cars moving through Ladera in the morning and 165 cars moving through Ladera in the afternoon. In order to decrease the traffic impact on the Ladera neighborhood, Woodland lengthened opportunities for parents to drop students off, beginning at 7:30 a.m. in the morning, and picking students up in staggered dismissals throughout the afternoon.
• For the 2023-2024 school year, the School has partnered with “Hop Skip Drive” to provide carpools for families. This has resulted in 14 families (6 percent) using this service.
• The School has an agreement with Ladera Recreation District for employees to use 10 parking spots during the school day to decrease the number of cars parked on La Cuesta Drive.
• A three-day car trip count for drop-off and pick-up was completed September 11th to 13th, 2023. On average, 166 vehicles were counted for the AM drop-off time (7:30 a.m. to 8:30 a.m.) and 84 vehicles for the PM pick-up time (3:00 p.m. to 3:30 p.m.).
A project referral and copy of written comments received were sent to the Department of Public Works. Upon review of the information provided, no recommended changes in the conditions of approval were proposed. Further, a traffic study was conducted by Kimley-Horn which concluded as follows: “After conducting field observations, Kimley-Horn concludes that traffic during the AM drop-off and PM pick-up period is being managed very well. The school’s Drop-off and Pick-up Plan is being executed effectively and efficiently, with families’ compliance with the rules resulting in minimal traffic issues.”
Parking
The Appellant believes the issue of parking has not been appropriately addressed or conditioned.
Condition of Approval 5.a specifies that parking shall only occur off-street (in the school’s parking lot) and on the school side of La Cuesta Drive, except for 20 events. Of these events, four (4) are minor events (in which parking is allowed on the school side of neighboring side streets), and eight (8) are major events (in which parking is allowed on the school side of neighboring side streets and on the other side of La Cuesta Drive). Further, up to eight (8) additional events (lighter-parking events) during the school year such as the Sports Awards Dinner and science fair in which there will be increased traffic are allowed; however, parking for these events is restricted to locations off-street (in the school’s parking lot) and on the school side of La Cuesta Drive. This condition also specifies notification requirements at the start of the school year and prior to events occurring. It also requires the use of traffic monitors to help with parking and traffic flow through the neighborhood during those events, requires a reduction in attendance at morning assemblies, and requires the school to encourage the use of the drop-off and pick-up line, except for parents of preschool children who must be walked to class.
As previously mentioned, the School creates a yearly calendar of events that aligns with the number and type of events specified in the Use Permit. The schedule is shared in August via the Ladera List-Serve. The School also shares this information with Woodland families, including an overview of parking guidelines for each event. This information is distributed multiple times in advance of the events to remind families of the expectations related to traffic and parking as outlined in the Use Permit for event and non-event days. A minimum of four traffic monitors are used for major and minor events, morning drop-off, and afternoon-pick up to direct traffic and parking. In 2022, the School began using a shuttle service to provide transportation to campus from an off-site parking location for their largest family event of the school year.
The School has an agreement with Ladera Recreation District for employees to use 10 parking spots during the school day to decrease the number of cars parked on La Cuesta Drive. A project referral and copy of written comments received were sent to the Department of Public Works. Upon review of the information provided, no recommended changes in the conditions of approval were proposed.
On June 10, 2024, staff received a letter from the Woodland’s representative providing an update on the progress of the negotiations between Woodland School (Woodland) and the Ladera Community Association (LCA). The parties have reached an agreement that was approved by 72 percent of the Ladera households who voted in support of the Memorandum of Understanding (MOU). As a result of the MOU, changes were requested to Condition of Approval 5.a, relating to parking, which the Planning Commission subsequently approved. The new condition, as approved by the Planning Commission, reads as follows:
“Parking shall only occur off-street (in the school’s parking lot) on the school side of La Cuesta Drive, and on the field (as noted below), except parking for Major and Minor Events shall be permitted as outlined in the table below, with unlimited parking on the field. Parking on the field also shall be allowed for morning activities three times per week for up to 120 minutes and shall be limited to 15 vehicles. Of these events, eight are minor events and eight are major events.”
|
Parking Permitted |
|
Event Type |
Minor Events |
Major Events |
|
|
Permitted Parking Locations |
School side of La Cuesta Drive School side of La Mesa Drive between La Cuesta and Andeta School side of La Mesa from La Mesa/La Cuesta through Gabarda Way Field |
Both sides of La Cuesta Drive School side of La Mesa Drive between La Cuesta and Andeta Both sides of La Mesa from La Mesa/La Cuesta through Gabarda Way Field |
|
|
Total Events |
8 |
8 |
16 |
The rationale behind this proposal was that Woodland has agreed to forego the construction of the approved 2013 and 2017 parking lot plans, contingent upon the County’s approval of additional parking on the street and parking on the field. This is allowed as the field parking will be temporary in nature as non-permanent, overflow parking, which will avoid the construction of non-pervious surface parking that could cause undesirable run-off and heat island effects.
Use of the School’s Recreational Facilities
The Appellant and many commentors expressed the neighborhood’s desire to use the outdoor field areas. Per correspondence with the Las Lomitas Elementary School District (LLESD), the current lease allows Woodland School exclusive use of the blacktop and playing fields during school hours dating back to the 2012 lease. The LLESD does not have additional documents that express the Board's position regarding the public's use of the play areas, other than the lease itself, the 2017 lease amendment, and the relevant Board policy (Policy 1330: Use of School Facilities) and regulations (Regulation 1330: Use of School Facilities) on facility use. The LLESD governs community use of District facilities and encourages such uses when the activity does not interfere with the instructional program of the district.
California Environmental Quality Act (CEQA) Review
The Appellant requests “full CEQA review” of all of Woodland’s proposed changes to its current operations and believes CEQA review was completed incorrectly for prior approvals.
On July 24, 2013, the Planning Commission approved a Renewal, Amendment, and Grading Permit which included the approval for the addition of new campus facilities (see chronology for details). The Planning Commission determined the action to be categorically exempt from CEQA review pursuant to CEQA Guidelines Section 15314, which allows minor additions to schools that are fewer than ten classrooms (nine proposed-five permanent and four temporary classrooms), and Sections 15304(c) and (f), for minor alteration of land, where the disturbance will be compatible with the natural features of the land, and does not include removal of, healthy, mature, scenic trees. No challenge to the 2013 categorical exemption was filed with the County, and the statute of limitations to challenge that decision has long expired.
The Planning Commission determined that the current action is categorically exempt from further CEQA review pursuant to CEQA Guidelines Section 15301, for existing facilities. This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. No physical improvements to the Woodland School, other than new fencing, or changes in use are proposed. The School is requesting to install a new fence, to continue their operation of a private elementary school, to extend their operating hours, and to allow three existing tents to remain. Staff has determined that these modifications are a negligible expansion of the existing use at the site.
Three tents were installed during the COVID-19 pandemic to provide outdoor classrooms for student instruction. Two of the tents are 21 feet by 40 feet (840 sq. ft.) and one tent is 20 feet by 30 feet (600 sq. ft.) in size. The structures have proven helpful in providing a shaded area for middle school students to eat lunch daily. Given the increasing temperatures and lack of shade on the upper portion of campus, the applicant is seeking to retain the tents. They will not be used to add student enrollment and they will not impact any neighbors due to their internal location on campus. Staff has determined that allowing the School to retain the tents is a negligible expansion of the existing use at the site.
Fencing Proposed
The Appellant believes the proposed fencing will cross an existing easement between the Las Lomitas Elementary School District and the Ladera Recreation District. It will not. This easement is located at the north end of the project site where no new fencing is proposed.
In addition, the Fence Height Exception is not required for the School to construct a fence; fences are allowed by right if built in compliance with the height maximums of the Zoning Regulations. The Fence Height Exception is required to build a fence above a height allowed by right. The exception is necessary because the Zoning Regulations only allow a 4-foot-tall fence in the 25-foot front yard and 8-foot street side yard setback areas. Fencing ranging in height from 5 feet to 6 feet is proposed.
B. SPECIFIC REQUESTS OF APPEAL
Limit Woodland’s Enrollment To 150 Students
This Use Permit currently allows the School to serve a maximum of 325 students. No increase in student enrollment is proposed. In comments received prior to the Planning Commission hearing, it appeared to be a common misconception that the current maximum enrollment of 325 was a recently new approval that took place in the 2013 Renewal and Amendment.
On July 6, 1989, the Zoning Hearing Officer approved an increase in the number of students from 250 to 325. Woodland’s current enrollment is 309 students and no increase in student enrollment was requested or approved by the Planning Commission on June 12, 2024. Based on the review of this project, staff believes the issues this request is expected to mitigate, such as traffic and parking, are properly mitigated with the current efforts of the School and with the enforcement of the conditions of approval.
Reduce Woodland’s Operating Hours
The Appellant requests Woodland’s operating hours remain as previously conditioned, prior to the modifications approved by the Planning Commission.
Condition No.1 of the Use Permit, prior to the June 12th approved modifications, specified that the School’s hours of operations were from 8:30 a.m. to 3:00 p.m. weekdays, and 7:30 a.m. to 5:30 p.m. for extended care students. The Planning Commission approved a modification to the School’s hours of operation, as follows:
• 7:30 a.m. to 8:15 a.m. for staff arrival and staggered morning drop off
• 8:15 a.m. to 3:30 p.m. for the regular school day and staggered afternoon dismissal/pick-up
• 3:30 p.m. to 6:00 p.m. for extended care and seasonal athletics programs
The Planning Commission also approved the following additional language to Condition No. 1: “This Use Permit also allows for other meetings conducted in the ordinary course of school operations/activities after 6:00 p.m. on weekdays and from 9:00 a.m. - 7:00 p.m. during weekend hours with parking accommodated in the school parking lot, including, but not limited to, Board of Trustee meetings, Parent Association meetings, admissions gatherings, and staff trainings. Meetings shall be limited to no more than three times per month and as long as parking is accommodated in the school parking lot.”
The applicant indicated that the previously conditioned hours of operation result in inconsistencies with current school operations. To alleviate an influx of traffic in the neighborhood during a single start and dismissal time, the School encourages families to drop students off as early as 7:30 a.m. and implements a staggered end to the school day, such that students are dismissed at three different times between 3:00 p.m. and 3:30 p.m. As many students come from households where both parents are in the workforce and often working past 5:00 p.m., the School has found that providing the extended care program until 6:00 p.m. is essential to accommodate the work schedules of these families. The School also found that all independent schools in the area offer similar start and release schedules, and that the School needs to offer comparable programs to be competitive and successful.
Currently 89 students are signed up for a package that includes after school care every day of the school year. Another 20 to 30 students attend daily on a drop-in basis. These numbers do not include the School’s middle school athletes who are supervised before and after practice times. That number ranges between 80 to 120 students depending on the athletic season. Approximately 200 students (of 309 total) are supervised indoors and outdoors on campus between 3:00 p.m. and 6:00 p.m. each day. With more workplaces requiring employees to return to the office post-COVID, demand for extended care programming has doubled in the last three years.
The applicant has also asserted that schools have other operational functions beyond classes, extended care, and athletics, such as Board and committee meetings, trainings, parent-teacher conferences, smaller social gatherings, etc., that take place after hours and on weekends. These kinds of meetings and gatherings do not create parking or traffic impacts because of their smaller sizes. These gatherings would be limited to the leased portion of the School’s campus and would not include the playground or field areas.
Limit Woodland’s Fence to Its Leased Property
The Fence Height Exception is not an approval for construction of a fence, as this is allowed by right if built in compliance with the maximum heights stated in the Zoning Regulations. Rather it is an approval to build a fence above the maximum height allowed by right. The exception is necessary because the Zoning Regulations only allow a 4-foot-tall fence in the 25-foot front yard and 8-foot side yard setback. Fencing ranging in height from 5 feet to 6 feet is proposed.
The Appellant believes this fencing will cross an existing easement between the Las Lomitas Elementary School District and the Ladera Recreation District. It will not. This easement is located at the north end of the project site where no new fencing is proposed.
No tree removal has been proposed. If the applicant intends to remove or trim any trees that would require permit under the County’s Significant Tree Ordinance or Heritage Tree Ordinance, a tree removal or tree trimming permit would be required.
Require Yearly Renewal of the Use Permit
The Appellant requests that the County require annual renewal/review until the underlying property rights issues are settled.
The Las Lomitas Elementary School District (LLESD), the owner of the subject property, has authorized the application filed by the School and currently before the Board of Supervisors on appeal. In addition, the litigation referenced by the Appellant, Ladera Taxpayers for Integrity in Governance v. Las Lomitas Elementary School District et al., has been dismissed and is no longer pending. The Las Lomitas Elementary School District retains full control to modify its contractual arrangements with the School. The Use Permit sets forth the extent of private school activities that can occur on the property without further review or approval of the County. In the event the LLESD were to limit the School’s use of certain portions of the Property, such arrangements would reduce activity below that authorized by the Use Permit, and would not require involvement of the County.
Under Government Code Section 53094, decisions regarding the operation of a school site are to be made by the LLESD Governing Board in collaboration with the School and its community. As required by Government Code Section 53097, the School, as proposed and conditioned, has demonstrated compliance with the County's ordinances regarding the design and construction of onsite improvements affecting drainage, road conditions, or grading.
The request for annual renewals also reflects the concerns that have been expressed about ensuring compliance with the conditions of the use permit. Staff’s ability to take enforcement action to address non-compliance with the conditions of approval negates the need for annual renewals to serve this purpose. A description of the consequences of non-compliance has been added as a new recommended condition of approval to stress the importance of compliance and to inform the School of staff’s intent to enforce the conditions of approval.
FISCAL IMPACT
There is no fiscal impact to the County from denying the appeal and upholding the Planning Commission’s approval of the requested permits.
ATTACHMENTS
A. Recommended Findings and Condition of Approval
B. Location Map
C. Site Plan
D. Fence Exhibit
E. Letter of Decision
F. Planning Commission Meeting Minutes
G. Planning Commission Supplemental Memo
H. Planning Commission Staff Report and Attachments
I. Additional Public Comment - After Planning Commission Hearing Notice
J. Application for Appeal