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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)