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.
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. 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:
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. 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;
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. 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.
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.
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:
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Li da S. Niles ~
Associate Planner
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