1999-022CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-99-22
March 18,1999
This letter is to inform you that the Director of Community Development has approved your
application for:
99-03 MIN/CDP (Phases & Stages Preschool): Minor Use Permit and Coastal
Development Permit for a proposed preschool expansion from 53 students to a maximum
of 89 students. The project site is 141 S. El Camino Real (E) located within the De la
Plaza Center (APN: 259-550-20).
Project Description and Discussion: The applicant proposes to expand an existing preschool
facility within the De La Plaza Shopping Center. The proposed expansion would involve tenant
improvements and expansion into an adjacent lease space that was previously used for retail sales.
This application does not involve any significant changes to exterior elevations and no new floor
area will be added to the shopping center. The applicant may want to erect new signs or modify
existing signage at a later date. Any sign proposals would need to be reviewed by the Community
Development Department for approval. There is sufficient parking on-site to accommodate the
use expansion.
A standard public notification was issued and a Community Development Department hearing
was conducted on March 1, 1999, with no members of the public in attendance to discuss the
application. No letters of objection or concern were received from the neighbors or adjacent
tenants within the shopping center.
This determination of approval is based upon the following findings:
1. Use Permit - Municipal Code Section 30.74.070
An application for a Use Permit shall be approved unless findings of fact are made based upon the
information presented in the application or during the hearings which support one or more of the
following conclusions.
1. The location, size, design or operating characteristics of the proposed project will
be incompatible with or will adversely affect or will be materially detrimental to
CMA19918MIN. DCD
adjacent uses, residences, buildings, structures or natural resources, with
consideration given to, but not limited to:
a. The inadequacy of public facilities, services and utilities to serve the
proposed project;
b. The unsuitability of the site for the type and intensity of use or
development which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural
resources of the City.
2. The impacts of the proposed project will adversely affect the policies of the
Encinitas General Plan or the provisions of this Code; or
3. The project fails to comply with any other regulations, conditions or policies
imposed by this Code.
Facts: Pursuant to the Encinitas Municipal Code Chapter 30.09, a Day Care
Center in the GC zone is permitted with the approval of a Minor Use Permit.
Discussion: The Community Development Department has conducted an
analysis of the application and lias not identified any significant adverse impacts
which could result from the proposed use. A standard public notice was issued,
and no negative comments were received from the community. The existing
preschool has been in operation at this shopping center for some time. The
existing shopping center is a fully functioning commercial center containing an
expansive parking lot. A wide pedestrian covered walkway separates the buildings
from the vehicular traffic. A convenient drop-off lane reduces traffic congestion
in front of the preschool.
Conclusion: The Community Development Department has conducted an
analysis of the application and has not identified any adverse impacts which would
result from the proposed use. All necessary public facilities are in place to serve
this use. The proposed use is compatible with adjacent land uses and, because the
preschool is located in a fully functioning commercial center, the preschool will
not have any harmful effect on environmental quality or natural resources.
Il. Coastal Development Permit - Municipal Code Section 30 80 090
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
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2. The proposed development conforms with Public Resources Code 21000 and following in that
there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the
environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et seq. of Coastal Act.
Conclusion: The City's General Plan, and Municipal Code are applicable components of the
City's Local Coastal Plan. The subject zoning is (GC) , which permits the proposed use with
the approval of a Minor Use Permit. No aspect of the project has been identified which could
have an adverse impact on coastal resources or any natural resources. The project will comply
with the applicable development standards, as per the Encinitas Municipal Code and General
Plan. Since the project complies with all applicable provisions of the City's Municipal Code,
the Community Development Department finds that the project is consistent with the certified
Local Coastal Program of the City of Encinitas. The Community Development Department
finds that required finding #2 is not applicable since no significant adverse environmental
impact is associated with the project. Finding #3 is not applicable since the site is not
located between the sea and the nearest public road.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas
Local Coastal Program.
Environmental Review:
The project is found to be exempt from environmental review as per CEQA Guidelines Section
15061.
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on March 18, 2001, at 5:00 p.m., 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.
SC6 This project is conditionally approved as set forth on the application and project plans
dated received by the City on January 25, 1999, consisting of 1 sheet including a site plan
and floor plan, all designated as approved by the Community Development Director on
March 18, 1999, and shall not be altered without express authorization by the Community
Development Department.
CAN19918MINDCD
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date
of this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this
grant of approval and shall be of a form and content satisfactory to the Community
Development Director.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
U1 At all times during the effective period of this permit, the responsible party shall obtain
and maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 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 whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the
City of Encinitas, acting through the authorized agency, may add, amend, or delete
conditions and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized
by this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
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B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING AND FIRE DIVISIONS REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
BA The applicant shall provide complete plans and submit them for plancheck. The applicant
shall obtain Fire/Building Permits and shall bring the new and existing area into
compliance with the fire and building codes. A fire system alarm will be required
throughout the preschool lease space.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the
City Council within fifteen (15) calendar days of the date of this determination. This notice
constitutes a decision of the Community Development Department only. Additional permits,
including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner or applicant's responsibility to obtain all necessary permits
required for the type of project proposed.
If you have any questions regarding this determination, please contact Christopher Miller at the
Community Development Department (760) 633-2718.
Sandra Holder, Director of Community Development
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