1988-45
RESOWTION NO. OE-45
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD,
CITY OF ENCINITAS, APPROVING
A MINOR USE PERMIT TO ALLOW OPERATION OF
A FAMILY DAY CARE HOME FOR UP TO 12 CHILDREN
LOCATED AT 706 CORNISH DRIVE
(CASE NUMBER 88-224 MIN)
WHEREAS, a request for consideration of a Minor Use Permit
was filed by Maria Poppke, applicant, to allow operation of a
family day care home for up to 12 children in an existing
single family residence as per Chapter 6156(y) of the City of
Encinitas Municipal, for the property located at 706 Cornish
Drive, legally described as;
Lots 1 and 2 of Block 7B of Sturges and Ratton's
Subdivision, according to the Map thereof No. 33, filed in
the Office of the County Recorder of San Diego County.
WHEREAS, a public hearing was conducted on the application
on August 18, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated August 11, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
WHEREAS, the Old Encinitas Community Advisory Board made
the following findings pursuant to Chapter 6156(y) of the
Encinitas Municipal Code:
SEE ATTACHMENT "A"
TC/05/CRO4-121wp 1(8-29-88)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas
Community Advisory Board of the City of Encinitas that Minor
Use Permit application 88-224 MIN is hereby approved subject to
the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community
Advisory Board of the city of Encinitas that:
This project was found to be exempt from environmental
review, Section 15305 of CEQA;
PASSED AND ADOPTED this 18th day of August, 1988, by the
following vote, to wit:
AYES: Tobias, Couglar, Hano, Kauflin
NAYS: None
ABSENT: None
ABSTAIN: None ?~lar~
of the Old Encinitas
Community Advisory Board
ATTEST:
-----------::::::> ~
---;". e:r----
Assistant Planner
TC/05/CRO4-121wp 2(8-29-88)
ATTACHMENT "A"
OLD ENCINITAS
COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE-45
Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
An application for 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 incompatible with or adversely
affect or be materially detrimental to 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; or
Evidence to Consider:
Subject to the attached conditions of approval relating to
parking/traffic, noise attenuation, and enclosure of play
areas to prevent children from wandering beyond property
boundaries, the project will be compatible with the
surrounding residential development and the house and lot
will be suitable for use as a family day care home.
2. The impacts of the proposed project will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; and
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
No policies of the present or future General Plans, or
regulations of the Encinitas Municipal Code have been
identified with which this proposal is inconsistent.
4. In addition, the Old Encinitas Community Advisory Board
waives the staff requirement for an irrevocable offer to
dedicate property to minimum local street standards
TC/05/CRO4-121wp 3(8-29-88)
pursuant to Title 23 of the Encinitas Municipal Code,
finding pursuant to section 24.01.180 that the fact that
no physical development of the property is proposed at
this time constitutes a special circumstance affecting the
property in question; and that such modification will not
be materially detrimental to the public welfare or
injurious to other property in the immediate vicinity.
TC/05/CRO4-121wp 4(8-29-88)
I
ATTACHMENT "B"
RESOLUTION OE-45
STANDARD CONDITIONS OF APPROVAL
Subject: Minor Use Permit for Family Day Care Home
Applicant: Poppke
Location: 706 Cornish Drive
Case No.: 88-224 MIN
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. This approval will expire on August 18, 1990, two
years after the approval of this project unless the
conditions have been met or an extension has been
approved by the Authorized Agency.
B. This approval may be appealed to the authorized
agency within 10 days from the date of this approval.
C. 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;
D. 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;
E. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
shall cause a noticed hearing to be sent before the
authorized agency to determine why the City of
Encinitas should not revoke this permit;
F. 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;
G. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
TC/05/CRO4-121wp 5(8-29-88)
CASE NO. 88-224 MIN
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit; and
1. Approval of this request shall not waive compliance
with any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at the
time of Building Permit issuance.
J. Permits from other agencies will be required as
follows:
The California Coastal Commission.
K. Project is approved as submitted/modified and shall
not be altered without Old Encinitas Community
Advisory Board review and approval.
L. The driveway serv ing the family day care home shall
be maintained free and clear of vehicles not
belonging to parents delivering or picking up
children or other obstructions.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans on file in the Community
Development Department and the conditions contained
herein. Said site plan is approved subject to the
following modifications:
1. A dense Eugenia hedge (approx. 24 inches o.c.)
shall be planted along the existing 6 ft.
westerly fence of the subject property, to run
70 ft. in a northerly direction from the
southwest corners of the property.
2. A 4 ft. high wood fence, of a constriction not
allowing children to pass through or cl imb it,
shall be installed along the northerly property
line from a point contiguous with the existing
rear fence to a point of intersection with the
existing "4 ft. fence" shown on the site plan
running from the house to the northerly property
line.
3. The remaining fences along the northerly,
easterly, and southerly property lines shall
TC/O5/CRO4-121wp 6(8-29-88)
CASE NO. 88-224 MIN
conform in all respects to the requirements of
the State licensing evaluator.
B. Revised site plans and building elevations
incorporating all conditions of approval shall be
submitted to and found satisfactorily by the
Community Development Department prior to issuance of
building permits.
C. Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community
Development.
TC/O5/CRO4-121wp 7(8-29-88)