1993-001CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-93-01
January 12, 1993
This letter is to inform you that the Director of Community
Development has approved your application for:
92-203 MIN (Cathy Lynn Horton) Minor Use Permit request to
allow a day care facility for a maximum of 44 children, for an
existing facility located at 1421 Burgundy Road. This
approval is subject to the following findings, pursuant to
section 30.74.070 of the City of Encinitas Municipal Code:
1. The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
A. The adequacy of public facilities, services and utilities
to serve the proposed project;
B. The suitability 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;
FINDING: The Minor Use Permit request would legalize an
existing day care facility, located in an existing building
which has, pursuant to a previous (expired) County of San
Diego Use Permit, housed the day care use since 1982. The
City has no knowledge of any complaints or operational
problems associated with the day care facility which has been
operating at the project site. The day care facility would
continue to operate at approximately the same level of
intensity as it has historically. No operational aspects of
the proposed day care facility have been identified which
would be incompatible with any surrounding land uses, or would
constitute any harmful effect on the environmental quality of
the City. The project site is currently served by all
required facilities.
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;
FINDING: No evidence has been submitted to indicate that any
policies of the General Plan or Municipal Code would be
adversely affected by the proposed day care facility.
3. The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
FINDING: The Municipal (Zoning) Code allows for such day care
facilities in Residential Zones with the approval of a Minor
Use Permit. The project conforms in all other aspects with
the Development Standards of the R-3 Zone. Chapter 30.09 of
the Municipal Code, no. 86, allows a Day Care Center in a
residential zone with a Minor Use Permit. This approval
requires conformance with the Uniform Building Code.
This approval is subject to the following conditions:
1. This approval may be appealed to the City council within 15
calendar days from the date of this approval. Appeals are
processed in accordance with Chapter 1.12 of the Municipal
Code and require a $100.00 submittal fee.
2. The approved Day Care Facility shall conform to the
application submitted to the City and dated received on
November 13, 1992 (site plan dated received 1-4-93), and shall
not be modified without prior City approval. Said approved
application shall be subject to the following conditions and
modifications:
a. This approval shall authorize the day care facility for a
maximum of 44 children;
b. The final parking plan shall be reviewed and approved by
the Community Development Department prior to building permit
issuance;
c. The property owner shall submit a complete application to
the Building Department within 60 days of the date of this
approval.
d. The mobile home located on the property (adjacent to
Burgundy Road) shall be removed within 60 days of the date of
this approval.
e. This approval is based upon the understanding that the day
care facility employs four (4) persons.
3. This Minor Use Permit approval shall be valid for two years
after the date of this approval and shall expire on January
12, 1995 unless the subject day care facility begins
operations in reliance upon this approval prior to the
expiration date. The applicant shall submit a complete
JK/92203MIN.DEC (1-12-93)
building permit application within the time specified in above
item no. 2, and shall diligently pursue the completion of the
subject building permit. Should the Community Development
Dept. determine that the building permit process is not being
diligently pursued for the project site, a public hearing may
be called to determine whether this permit should be revoked.
4. No exterior structural changes are authorized by this permit,
other than that which may be considered necessary for building
code compliance. Any exterior changes shall be subject to
compliance with Municipal Code standards.
5. Permits or findings of exemption shall be obtained from the
State Coastal Commission and any other applicable Government
agencies.
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's responsibility to obtain
all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please
contact Jim Kennedy at the Community Development Department by
telephoning (619) 633-2715.
Patrick Murphy
Community Development Director
JK/92203MIN.DEC (1-12-93)