Loading...
1991-03 . RESOLUTION NO. NE 91-03 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT TO ALLOW A LARGE FAMILY DAY CARE HOME TO BE LOCATED ON PROPERTY LOCATED AT 1912 CIRCLE PARK LANE ENCINITAS, CALIFORNIA (CASE NO. 91-004-MIN) WHEREAS, Donald and Janice Callahan, applied for a Minor Use permit to allow a large family day care home to be located at 1912 Circle Park Lane, as required by Chapter 30.16, Land Use Matrix Use Ill, Chapter 30.74 Use Permits, of the Municipal Code of the City of Encinitas, and section 1597.46 of the California Health and Safety Code; . WHEREAS, a review was conducted by the New Encinitas Community Advisory Board on February 4, 1991; and WHEREAS, evidence was submitted and considered to include without limitation: a. Application and supplemental information submitted by the applicant; b. written information submitted with the application; c. CAB staff report (91-004-MIN) dated January 31, 1991, which is on file in the Department of Planning and Community Development; and e. Additional written documentation. . LN/CAB26-281wp . NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that the Minor Use Permit is hereby approved subject to the following findings: 1. The location, size design or operating characteristics of the proposed project will not be incompatible 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 since all public facilities are available; b. The suitability of the site for the type and intensity of use or development which is proposed since Section 1597.46 of the California Health and Safety Code allows Large Family Day Care facilities in single family residential zones with the same limitations or regulations applied to the facilities as for a single family home; . and , . c. The harmful effect, if any, upon environmental quality and natural resources of the City are not apparent since the use is operated within a single family home and is required to meet all standards setforth in the Zoning Code for a standard single family home; and 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code since the project is allowed in the single family zones with a Minor Use Permit and it has been reviewed and conditioned to be in conformance with the standards for a single family home, as directed in Section 1597.46 of the California Health and Safety Code; and 3. The project complies with all other regulations, conditions or policies imposed by this Code. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: . LN/CAB26-281wp . 1. This approval will expire on February 4, 1993, two years after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency; 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval; 3. At all times during the effective period of this permit, the applicant 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; 4. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be set before the authorized agency to determine why the city of Encinitas should not revoke this permit; . 6. 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; 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit; 8. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; 9. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein; 10. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable; . LN/CAB26-281wp . 11. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 12. All Permits from other agencies will be required when applicable; and 13. Noise readings shall be required to be taken at the time the "outdoor activities" are scheduled. Keeping in mind that there are children on the site, this is required to ensure that the noise levels are in conformance with the noise ordinance standards for the single family residential neighborhood. 14. As setforth in Section 1597.46 of the California Health and Safety Code additional funds needed to pay for the processing of the permit shall be submitted upon completion of the fifteen day appeal period, unless the applicant can provide the documentation from the state verifying that the state limits the collection of fees for processing of Large Family Day Care Homes to $100.00. 15. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. . Permanent address numbers shall be displayed on this monument; and 16. Prior to final approval, the applicant shall submit a letter from the Fire District stated that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. 17. Any outdoor lighting shall comply with performance standards and any sound amplification devices shall comply with the noise limits set forth in the City of Encinitas Noise Ordinance for single family residential zones. 18. The Minor Use Permit approval set forth herein shall allow a large family day care home to operate on the site, as set forth in the application 91-004 MIN and on file in the office of Planning and Community Development. It is noted that there is one helper who parks in the driveway, and that there shall be a maximum of 12 children at anyone time. . LN/CAB26-281Wp . PASSED AND ADOPTED this 4th day of February, 1991, by the following vote, to wit: Ayes: Boardmembers Beck, Patton, and white Nays: None Absent: Boardmember Quinn Abstain: Boardmember Grajek ~ ~ ANNE PATTON, Chairman of the New Encinitas Community Advisory Board . ATTEST: /~~ d gf:¿ £J ð ~J Li da S. Niles ~ Associate Planner . LN/CAB26-281wp